The Sentencing Advisory Panel has today published its latest proposal to the Court of Appeal: that the Court should issue revised sentencing guidelines for offences of rape.

The Panel's key recommendation is that, for sentencing purposes, 'acquaintance rape' and 'relationship rape' should be treated as being no less serious than 'stranger rape'. This is based on the results of a research report commissioned by the Panel, which shows that rape is always seen as a very serious crime, and that the impact on the victim is just as great, whatever his or her relationship with the offender.

The current sentencing guidelines on rape do not mention the relationship between offender and victim as a factor that should affect the sentence. In practice, the courts do appear to sentence more leniently in cases where the victim and offender were known to each other.

Before advising the Court of Appeal, the Panel decided to find out whether people - including rape victims - did in fact see rape as a less serious offence if it was committed by someone known to the victim rather than a stranger. To explore this issue the Panel commissioned Surrey Social and Market Research, at the University of Surrey, to carry out in-depth research.

The report of the research is also published today.

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body constituted under sections 80 and 81 of the Crime and Disorder Act 1998. The Panel is sponsored by the Home Office and the Lord Chancellor's Department. It started work on 1 July 1999. Its function is to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines.

2. Rape is an indictable only offence, for which the maximum penalty is life imprisonment. The current sentencing guidelines for this offence were issued by the Court of Appeal in R v Billam (1986) Cr App R (S) 8 48. Since 1986 the legal definition of rape has been changed to include male rape and anal rape of a female (formerly non-consensual buggery). Marital rape has also been recognized as an offence. Under legislation which came into force in October 1997, a second conviction for a serious offence (including rape) attracts an automatic sentence of life imprisonment, unless there are exceptional circumstances.

3. The Panel issued a consultation paper on sentencing guidelines for rape on 12 September 2001. On the same date, the Panel announced that it had commissioned Surrey Social and Market Research, at the University of Surrey, to carry out a qualitative study of attitudes to date rape and relationship rape, and that the research findings would be considered in parallel with responses to the consultation paper before the Panel submitted its advice to the Court of Appeal.

4. The Panel has previously published proposals that the Court of Appeal should issue guidance on:

• Environmental offences (published 1 March 2000)
• Possession of offensive weapons (published 22 May 2000)
• Importation and possession of opium (published 14 June 2000 and adopted by the Court of Appeal in R v Mashaollahi [2001] 1 Cr App R (S) 96)
• Racially aggravated offences (published 29 August 2000 and adopted by the Court of Appeal in R v Kelly and Donnelly [2001] 2 Cr App R (S) 73)
• Handling stolen goods (published 13 March 2001 and adopted by the Court of Appeal in R v Webbe and others [2002] 1 Cr App R (S) 22)
• Extended sentences (published 1 November 2001 and adopted by the Court of Appeal in Nelson [2002] 1 Cr App R (S) 565)
• Minimum terms in murder cases (published 23 April 2002)
• Domestic burglary (published 10 May 2002)

5. The Panel's most recent consultation paper was on sentencing of offences involving child pornography. The consultation period ended on 10 April 2002.

6. Copies of the Panel's advice, and of the research report, may be obtained from: Gareth Sweny, Sentencing Advisory Panel, Room 101, Clive House, Petty France, London SW1H 9HD (telephone 020 7271 8336); e-mail sap-secretariat@beeb.net). Enquiries about the research may be addressed to: University of Surrey Press Office, tel. 01483 689 314; or by e-mail to: ssmr@soc.surrey.ac.uk

7. The advice and the research report are also available on the Panel's website: http://www.sentencing-advisory-panel.gov.uk The website has recently been fundamentally redesigned, to make it more accessible and easier to navigate.