Rape of a child under 13

s.5Sexual Offences Act 2003

Intentionally penetrating the vagina, anus or mouth of a child under 13 with the penis. Consent and belief about age are irrelevant.

Rape of a child under 13 · Sexual Offences Act 2003, s.5Card 132 / 195

Points to prove

Penetration – s.79(2): a continuing act from entry to withdrawal.
Vagina – s.79(9): includes the vulva.
Part of the body – s.79(3): includes a part surgically constructed (for example, through gender reassignment surgery).
Consent – not an element. Whether B appeared to agree is irrelevant to guilt.
Age – liability is strict as to B’s age. A mistaken belief that B was 13 or over, even a reasonable one, is no defence (R v G 2008, House of Lords).

There is no minimum age for the offender beyond the age of criminal responsibility. Unlike ss.9 to 12, s.5 is not limited to offenders aged 18 or over.
Related offences against children under 13: assault by penetration (s.6, life), sexual assault (s.7, 14 years) and causing or inciting a child under 13 to engage in sexual activity (s.8, life where penetration is involved).
Where B is 13 to 15 and A is 18 or over, consider rape (s.1) if B did not consent, or penetrative sexual activity with a child (s.9, 14 years).
Not yet in force: s.81 of the Crime and Policing Act 2026 inserts new ss.8A to 8C: rape of a child under 16, assault of a child under 16 by penetration, and causing or inciting a child under 16 to engage in penetrative sexual activity. Each applies to offenders aged 18 or over and carries life. As at November 2026 s.81 has not been commenced.

Legislation: Sexual Offences Act 2003, s.5 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

What are the points to prove for rape of a child under 13?

1. Intentionally penetrated 2. The vagina, anus or mouth of another person (B) 3. With his penis 4. B was under 13

What is the maximum sentence for rape of a child under 13?

Life imprisonment.

Is rape of a child under 13 a summary, either-way or indictable offence?

Rape of a child under 13 is indictable only: it can only be tried in the Crown Court.

What Act and section is rape of a child under 13?

Rape of a child under 13 is an offence under the Sexual Offences Act 2003, s.5.