Since the enactment of the Sexual Offences Act 2003 s.1 no distinction was to be made between the different categories of rape when sentencing. Accordingly six years' detention for an offence of rape, where the 18-year-old defendant made the 16-year-old victim perform oral sex, was appropriate. Sentencing guidelines were only guidelines and it was for the court to decide the appropriate sentence.

[2005] EWCA Crim 397

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