Mandatory aggravating factor for CSE offences

9. Crimes involving the sexual exploitation of children are totally abhorrent and offenders should face the full force of the law. The UK has some of the toughest powers in the world to deal with those convicted of child sexual offences, and the government is committed to ensuring that the penalties available to the courts are robust in order to deter and punish abusers. 10. The government has carefully considered this recommendation and appreciates the need to ensure sentences reflect the seriousness of such offending behaviour. We would be interested to see any evidence that the IICSA has collected that suggests that current practice is inadequate and why legislation may be necessary. 11. The Sentencing Council considered this issue in its 2012 consultation on the guidelines for sex offences , and felt that cases “where a child has been groomed into acquiescence should be treated equally by sentencers as cases where there is forced non-consensual sexual activity”. This principle is reflected in the current sentencing guidelines for child sexual offences, which make clear that commercial exploitation/motivation, abuse of trust, grooming behaviour, or where offenders act with others to commit the offence, are all factors which increase the seriousness of the offending and merit tougher sentences. 12. Our view is that the factors set out in the recommendation are already adequately covered by the criminal law and sentencing guidelines. However, we would welcome further information from the IICSA to understand the rationale for the recommendation.

In its Child Sexual Exploitation by Organised Networks Investigation Report published in February 2022 the IICSA recommended “the strengthening of the response of the criminal justice system by the government amending the Sentencing Act 2020 to provide a mandatory aggravating factor in sentencing those convicted of offences relating to the sexual exploitation of children”. The government wants to ensure that the sentencing framework reflects the seriousness of child sexual abuse and exploitation. In January 2025 the Home Secretary committed to “legislate to make grooming an aggravating factor in the sentencing of child sexual offences, because the punishment must fit the terrible crime”.

Our view is that the factors set out in the recommendation are already adequately covered by the criminal law and sentencing guidelines. However, we would welcome further information from the IICSA to understand the rationale for the recommendation.