united-kingdom child-abuse sexual-assault
How can sexual assault on a minor not result in jail time in the UK?
<p>In a <a href="http://www.dailymail.co.uk/news/article-3547514/Judge-offers-pay-teenager-s-court-fine-refuses-jail-stabbing-paedophile-abused-child.html" rel="nofollow">related story</a>, I read that a British convicted paedophile who was found guilty of sexually assaulting an eight year old girl a few years ago, was then only sentenced to "community order." (Community service.)</p>

<p>I'm mostly interested in answers from people who have some knowledge of the UK justice system.</p>

<p>How could this man avoid jail time for his crime? </p>

<p>For example, in <a href="https://en.wikipedia.org/wiki/Norway" rel="nofollow">my native country</a>, such crimes are punished with a minimum of two years jail time, and up to ten years. Some countries punish such acts with <a href="http://www.ndtv.com/world-news/pakistan-jails-2-for-life-over-child-sex-abuse-scandal-1396977" rel="nofollow">life imprisonment</a> or <a href="https://en.wikipedia.org/wiki/Capital_punishment_in_Iran" rel="nofollow">even death.</a></p>

<p>Doesn't the United Kingdom have a minimum sentence for sexual child abuse?</p>

<p>Were there some special circumstances in this case that let this man get an extremely mild sentence?</p>

<p>In <a href="http://www.thetelegraphandargus.co.uk/news/8746069.Lidget_Green_disabled_sex_abuser_is_spared_prison/" rel="nofollow noreferrer">this article</a>, we can read that the convicted was handicapped, and this contributed to his surprisngly mild sentence. Moreover, he was sentenced to registering as a sex offender. From the article:</p>

<blockquote>
  <p>Boota was sentenced to a community order with two years’ supervision
  and ordered to sign the Sex Offenders’ Register. He was made subject
  to a Sexual Offences Prevention Order which includes a condition
  banning him from having any contact with the young victim.</p>
  
  <p>Recorder Nolan told Boota: “I’m satisfied <strong>the assault was over a short
  period of time</strong> and I am satisfied <strong>it was a relatively minor sexual
  assault</strong> but any assault of a child is bound to be serious and this
  court must take this offence seriously as well.</p>
  
  <p>“Were you of full intelligence and physically fit, I would be
  considering a period of imprisonment, but undoubtedly <strong>this offence is
  mitigated by the fact you have very severe learning difficulties and a
  number of physical disabilities</strong>.</p>
  
  <p>“For these reasons principally I am going to take what I consider to
  be a merciful view and impose a community order.”</p>
</blockquote>

<p>I want to give credit to <a href="https://law.stackexchange.com/a/8684/5276">this answer by Morgan Hickman</a>, who found the name of the convicted. That's how it was possible for me to find this information.</p>

<p>Apparently UK law allows this type of extremely mild sentence. We can find <a href="http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s9_sexual_activity_with_a_child/" rel="nofollow noreferrer">here</a> that: </p>

<blockquote>
  <p>Type/nature of activity: Contact between part of offender's body
  (other than the genitalia) with part of the victim's body (other than
  the genitalia) </p>
  
  <p>Starting points: Community order  Sentencing ranges: An appropriate
  non-custodial sentence</p>
  
  <p>'Non-custodial sentence' in this context suggests <strong>a community order or
  a fine.</strong> In most instances, an offence will have crossed the threshold
  for a community order. However, in accordance with normal sentencing
  practice, <strong>a court is not precluded from imposing a financial penalty
  where that is determined to be the appropriate sentence.</strong></p>
</blockquote>

<p>Having read the same article as you, I was similarly surprised. However, having done a little bit of case research on The Law Pages - I recommend looking there for any judgements you can't find elsewhere, a free account is all you need for the most part - I found the notes on the case. You may need an account to view this page, but it might be of interest to all. </p>

<p><a href="http://www.thelawpages.com/court-cases/Reporting-Restrictions-17374-1.law" rel="nofollow">The case discussed in the article.</a> As you will see, the name of the offender is Zabhullah Boota, but I appear unable to find record of the original case (in 2010, when he was sentenced to the community order).</p>

<p>Specifically on:</p>

<blockquote>
  <p>Doesn't the United Kingdom have a minimum sentence for sexual child abuse?</p>
</blockquote>

<p>Firstly, that is rather like asking "Doesn't the USA and Canada have a minimum sentence for sexual child abuse?"  The United Kingdom is not a single jurisdiction, and the laws are different.</p>

<p>Secondly, if we restrict ourselves to </p>

<blockquote>
  <p>Doesn't England and Wales have a minimum sentence for X?</p>
</blockquote>

<p>The answer is "No", with the following three exceptions:</p>

<p>Murder : the only possible sentence is "life imprisonment" (although almost all murderers are released from prison "on license" after serving a "tariff" - decided by the sentencing judge - plus a bit while their application is considered by the Parole Board).</p>

<p>Dealing in class A drugs for a third time: minimum of seven years</p>

<p>Burglary for a third time: minimum of three years</p>

<p>In both of the latter two cases, the court can sentence to less than the minimum if it consider there are " particular circumstances which—
(a) relate to any of the offences or to the offender; and
(b) would make it unjust to do so in all the circumstances."</p>
