Assault of a Child under 13 by Penetration
Last updated: May 2026
Offence Definition
A person has committed this offence if they intentionally penetrate sexually the vagina or anus of a child under 13 with a part of their body or with anything else.
Sentencing Guidelines Range
This offence has a sentencing range of between 2 and 19 years’ custody. It carries a maximum sentence of life imprisonment.
Figure: Average custodial sentence length for adults sentenced for assault of a child under 13 by penetration
Source: Ministry of Justice (2021; 2026) Criminal Justice System Statistics publication: Outcomes by Offence 2010 to 2025: Pivot Table Analytical Tool for England and Wales.
Graph Explained
The average custodial sentence length for this offence has experienced significant fluctuation between 2010 and 2025. Initially, the average sentence length in 2010 was 6 years and 7 months, increasing to 7 years in 2011 and then to 8 years in 2013.
The sentence then experienced a brief decrease in 2014 followed by another increase in 2015 to almost 8 years again. In 2017 and 2018 there was, for the first time, an increase to an average of 9 years and 9,5 years respectively.
The average sentence length then decreased slightly, before increasing to 10 years and 1 month in 2021. The same average custodial sentence length was recorded in 2025 – the most recent year for which data is currently available.
The most recent guidelines produced by the Sentencing Council came into force in 2014 and do not appear to have impacted the average sentence length overall.