An average starting point for penile penetration of the vagina without consent, absent circumstances of aggravation, is around 4 years 8 months under the transitional sentencing regime, taking no account of mitigating factors. There is no hierarchy of sexual penetration — digital penetration may in particular circumstances be no less serious than penile penetration. Where an offender engages in a sustained course of sexual violence against a randomly selected victim, the totality principle may require partial cumulation of sentences even where the offences form part of one transaction. In cases of serious sexual offending, the dominant sentencing considerations are punishment and general and specific deterrence, and the personal circumstances of the offender are of limited importance.
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