The significance of vulnerability in the sentencing of rape

<p dir="ltr">In 2014, the Sentencing Council published a Definitive Guideline on the sentencing of sexual offences. One of the key factors is that of the victim’s vulnerability, which may come into play at three different points in the sentencing process: harm, culpability and aggravation. Nevertheless, despite the importance of vulnerability in the guideline, there is little exploration of the ways in which vulnerability is taken into consideration when determining sentencing outcomes. This article addresses this gap by drawing upon two significant data sets: the Crown Court Sentencing Survey (CCSS), which provides quantitative insights into the operation of the guideline and factors impacting sentence length; and sentencing appeals, which explore judicial understandings and applications of vulnerability. The appellate case law highlights the difficulties that judges face when assessing vulnerability and indicates that despite extensive guidance in rape and serious sexual offences (RASSO) cases and associated judicial training, there may be need for more nuanced guidance addressing the specific issue of vulnerability.</p>