Statutory rape is a term that refers to illegal sexual activity between an adult and a child below the age of consent. Whether or not sexual activity is consensual in these cases, the offence is considered rape even if there was no physical force involved because a child cannot be said to meaningfully consent. However, the age of consent differs across countries and jurisdictions where such rules apply.

While statutory rape laws exist in many jurisdictions, including in many parts of the United States, there is no specific criminal offence called “statutory rape” in England and Wales and the term does not appear in the Sexual Offences Act 2003. With that said, it does not mean that conduct that might be described elsewhere as statutory rape is not illegal in England and Wales - only that it is prosecuted under other, more specific offences relating to sexual activity with children.

These more specific laws determine how serious an offence is based on the age of the victim, and introduce a further range of offences created to make not only sexual intercourse with a child illegal, but include sexual touching and oral sex under the definition of child sexual abuse. These offences are considered very serious crimes and, while there are legal defences available in many cases, can result in significant penalties if you are found guilty.

Here, the expert defence solicitors at Tyler Hoffman explain how the law in England and Wales prosecutes sexual activity with those under the age of consent, the types of offences that are equivalent to "statutory rape" offences as they exist in other jurisdictions, and the sentencing guidelines that determine the penalties for someone who is convicted.

What UK sexual offences are equivalent to statutory rape laws?

The relevant law in England and Wales that governs sexual offences against children, along with many other types of criminal activity, is the Sexual Offences Act 2003. Under this legislation, a child is defined as anyone under the age of 16, although a separate category is created for children under the age of 13, against whom offences can result in more serious penalties.

Sections 9 to 12 of the Act cover sexual activity with a child under 16. Under section 9, a person aged 18 or over commits an offence if they intentionally engage in sexual activity with a child under 16, and:

• The child does not consent, or
• The defendant does not reasonably believe the child is 16 or over.

If sexual penetration is involved as part of the offending behaviour, the person may be charged under more serious provisions, such as:

• Causing or inciting a child to engage in sexual activity (section 10)
• Sexual activity with a child (section 9)
• Rape (section 1)

Where the child is aged 13-15, the prosecution must prove that the defendant did not reasonably believe the young person involved was 16 or over. This is one area where an experienced defence solicitor can challenge the prosecution's evidence in your defence and limit the penalties that may be applied if you are found guilty.

Offences against those under the age of 13 are prosecuted much more strictly, as they cannot legally consent and the defendant's belief about the child's age is not taken into account. Under section 5 of the Sexual Offences Act 2003, it is an offence for a person to intentionally penetrate the vagina, anus or mouth of a child under 13 with their penis, and this offence carries a maximum sentence of life imprisonment. While there are defences that can be raised when a person commits this type of offence (or is alleged to have committed the offence), this is treated as one of the most serious sexual offences in English criminal law and it's important to work with an experienced defence solicitor to secure the best possible outcome.

What are the penalties for engaging in sexual activity with someone below the age of consent?

A range of offences exist under the Sexual Offences Act 2003 that have counterparts in other countries' statutory rape legislation. All of the offences listed below can lead to a prison sentence, although the penalties you may receive in all cases depend on the facts, and Sentencing Council guidelines are used to assess the harm to the victim and the culpability of the offender in choosing an appropriate sentence.

The relevant offences and the maximum sentences you could receive include:

Offences involving children under 13

Penetration of the vagina, anus or mouth with a penis is considered rape, and comes with a maximum sentence of life imprisonment. Non-penile penetration with any part of the body or an object carries a maximum sentence of life imprisonment, and an offender may be charged with causing or inciting a child under 13 to engage in sexual activity, which carries the same sentence.

Intentional sexual touching, or causing or inciting a child under 13 to engage in sexual activity without penetration, can lead to a maximum sentence of 14 years' imprisonment.

Sexual activity with children aged 13-15

These offences are still considered very serious, although a reasonable belief that the child was 16 or over may be used as a defence in some cases. As such, while maximum sentences are lower, it is no less likely that you will receive a strict punishment if you are found guilty of any of the activities described under this category.

You could receive a maximum sentence of 14 years' custodial sentence for sexual touching, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child or causing a child to watch a sexual act if any of these behaviours involve penetration. For offences that do not involve penetration, the maximum sentence for these offences is 10 years in prison.

Abuse of a position of trust

Where a person aged 18 or over is in a defined position of trust (such as that of a teacher or care worker) and engages in sexual activity with a 16–17-year-old, this amounts to an offence even though the victim is over the age of consent. Any sexual activity, including causing or inciting, can lead to a maximum sentence of five years' imprisonment.

Rape and sexual assault by penetration (general offences)

These apply to non-consensual penetration regardless of the victim's age, but may overlap with the definition of statutory rape in other jurisdictions. Where the complainant is under 16, the child-specific offences are often used, but the maximum sentence for rape and assault by penetration will be life imprisonment in either case. Meanwhile, intentional sexual touching without consent comes with a maximum sentence of 10 years' imprisonment.

In addition to a prison sentence, the court may impose a Sexual Harm Prevention Order, notification requirements (meaning that you are placed on the Sex Offenders Register) and indefinite licence conditions following release in a serious case. A defence solicitor from Tyler Hoffman can present mitigating circumstances in your favour to ensure that any sentence you receive is not overly harsh, and provide the defence you are legally entitled to.

Can you defend allegations of statutory rape-related offences?

The defences that may be available to charges made under the Sexual Offences Act 2003 will depend on the specific charge and the age of the complainant. There is no general defence that applies to all sexual offences involving children, and the availability of a defence is tightly defined by statute. The experts at Tyler Hoffman can discuss your circumstances, advise you of any defences that may be available, and work to collect evidence on your behalf to give you the best chance of a positive outcome.

A defendant may be acquitted if they can show they reasonably believed the child was 16 or over. The test is partly subjective and partly objective, being based on both what the defendant actually believed, and whether that belief was reasonable in the circumstances. The burden is on the prosecution to disprove reasonable belief once it is raised on the evidence.

There is no statutory defence for an offence involving a person under the age of 13 based on a belief that they were older. A person can only be acquitted if the prosecution fails to prove the elements of the offence beyond a reasonable doubt, for example:

• The identity of the offender.
• That penetration or sexual touching occurred.
• That the child was under 13 at the time.

The scope for defence in these cases is therefore limited to challenging the prosecution’s evidence. Tyler Hoffman's defence team has a wealth of experience in reviewing evidence, challenging weaknesses and rebutting claims made by the prosecution.

We can also present mitigating factors to minimise your sentence. An early guilty plea can reduce the sentence by up to one-third, and we may recommend this in some cases. Showing previous good character or genuine remorse can also act as mitigation, as can youth or immaturity where the defendant is close in age to the complainant.

There are also aggravating factors that may be raised by the prosecution, such as any abuse of trust, significant age difference, grooming behaviour or previous convictions. Our team will advise you and build a defence based on a full understanding of your circumstances, and be realistic about the outcomes you can expect.