On 25th November 2014 a man (unnamed, in order to protect the victim’s identity) aged 23, was sentenced having pleading guilty to raping his brother. There aren’t many details, but it seems that this occurred last year at the boys house.
“The boys’ parents were alerted by the noise of the attack but the defendant warned his brother he would be “beaten up if he told what had happened,” the court heard.”
That is pretty much all the details that we have. We do know that the man had “had thoughts of raping [his] brother on a previous occasion but that [he] blocked them out using cannabis and alcohol“.
The Judge found that the man was dangerous and passed an extended sentence. This is perhaps not surprising in the circumstances. The sentence was 7 years, with a 3 year extension period. Because this is an extended sentence, he will have to serve a minimum of 2/3 of the 7 year sentence, before being released automatically.
This is a case where the Sentencing Guidelines for sexual offences apply. The guidance for rape of a child under 13 is at page 27. We don’t have any of the facts, but given credit for a plea this would indicate a starting point of about 10 years.
It is a good example of when an extended sentence should be imposed. It also shows the impact of an extended sentence. In terms of the amount of time to be served, it is equivalent to a ‘normal’ sentence of 9 1/3 years.