Sexual Offending against Children: Assessment and Treatment of Male Abusers

By Tony Morrison; Marcus Erooga et al. | Go to book overview

Appendix: Appeal Court guidelines on sentencing in cases of incest

The Appeal Court guidelines laid down by Lord Chief Justice Lane were reported in All England Law Reports (1989) 3. They followed a referral by the Attorney General of a case where he felt the sentence, amounting to three years’ imprisonment, for a man convicted of three counts of incest and one of indecent assault was too lenient. The Appeal Court increased the sentence to six years in respect of the two incest counts concerning the child, who was under 13 years of age.

The guidelines are as follows (Yates, 1990):

Where the girl is over 16

Generally speaking, a range from three years’ imprisonment down to a nominal penalty will be appropriate, depending upon whether on the one hand, force was used and upon the degree of harm; and on the other, the desirability of keeping the family disruption to a minimum. The older the girl, the greater the possibility that she may have been a willing or even the instigating party to the liaison. This is a factor which will be reflected in the sentence—in other words, the lower the degree of corruption, the lower the penalty.

Where the girl is from 13 to 16

Here a sentence of between three and five years seems to be appropriate. Much the same principles will apply as in the above, though the likelihood of corruption by the man decreases in proportion to the age of the girl.

Where the girl is under 13

It is here that the widest range of sentences is likely to be found. If the girl has taken on the wife’s role, is not far short of her thirteenth birthday and

-225-

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Sexual Offending against Children: Assessment and Treatment of Male Abusers
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Illustrations ix
  • Foreword xiii
  • Acknowledgements xvi
  • Introduction xvii
  • Glossary xx
  • 1 - Adult Sex Offenders 1
  • 2 - Context, Constraints and Considerations for Practice 25
  • 3 - Assessment of Sex Offenders 55
  • 4 - Cognitive-Behavioural Treatment of Sex Offenders 80
  • 5 - Groupwork with Men Who Sexually Abuse Children 102
  • 6 - The Management of Sex Offenders in Institutions 129
  • 7 - Adolescent Sexual Abusers 146
  • 8 - Parent, Partner, Protector 178
  • 9 - Where the Professional Meets the Personal 203
  • Conclusion 221
  • Appendix - Appeal Court Guidelines on Sentencing in Cases of Incest 225
  • Bibliography 227
  • Index 240
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