No, but he gets credit for the guilty plea Joe. That charge is not a serious as the other two. He has not admitted to knowingly having sex with an underage girl.He doesn't get off because he's pleaded guilty to the first two charges. He's going down - and if found guilty of the other two charges - for a lot longer.
He's pleaded guilty to knowing she was, chatting her up/grooming her, meeting her but only touching her sexually and kissing.
No doubt his mitigating circumstances will be it was a big mistake, strain here or there, did wrong but only went so far because he had a sudden realisation of his wrongdoing and couldn't go through with it. Stacey an Family are standing by me. Character witness blah, blah, blah. Even his club are standing by him, letting him play football.
But I never had full sex with her.
What he's pleading guilty to, clothed sexual activity ( if it was her clothed genitalia he groped) carries a starting point of 12 month custody and a range of sentencing from 26 week to 4yrs.
If it was contact of any other part and not her genitalia it's a community order/ an appropriate non custodial sentence.
Sexual activity with a child that involves Penile/any other body part/ object penetration of the anas, mouth or vagina carries a starting point of 4 yrs and a range of sentencing between 3-7 yrs.
Is that harsh enough?
That starting point will probably never be realised in certain cases, especially for first offenders with PGC. Guilty pleas and mitigation. The maximum will probably only be dished out to repeat offenders.
Guidelines also take into consideration if the child consents to sex, when the offender is also young, but leave it open to the judge to give the benefit when sentencing adults.
However, there are plenty of precedents in regard to sentencing:
R v Davies [2005] EWCA Crim 1363 - D aged 19 (extensive record none for sexual offences) pleaded guilty to penetrative sexual activity with a 13 year old girl. D met the girl who was in drink and consensual sex took place. The defendant was sentenced on the basis he believed the girl to be 15 and she initiated sexual activity. Against this judge noted she was in drink and sex was unprotected. Held 16 months YOI too high reduced to 9 months.
R v Held [2006] EWCA Crim 2174 12 months upheld for a 41 year old woman who admitted forming a relationship with a 14 year old girl. Guilty plea on basis of kissing her breasts and partially penetrating her vagina.
R v Davies [2005] EWCA Crim 1363 - D aged 19 (extensive record none for sexual offences) pleaded guilty to penetrative sexual activity with a 13 year old girl. D met the girl who was in drink and consensual sex took place. The defendant was sentenced on the basis he believed the girl to be 15 and she initiated sexual activity. Against this judge noted she was in drink and sex was unprotected. Held 16 months YOI too high reduced to 9 months.
R v Lister [2005] EWCA Crim 1903 - D was a 31 year old teacher who formed a relationship with a 15 year old female pupil which involved embracing and kissing. Held 18 months imprisonment with a 2 year extended period was too long. Reduced to nine months and a 2 year extension period.
R v Sturt [2009] EWCA Crim 77 D 64 no previous convictions guilty plea to sexual activity with a 12 year old boy who he was teaching golf. When victim became distressed D apologised and gave him his phone so he could ring his parents. The Court of Appeal balanced the aggravating features of breach of trust and an element of grooming against the fact D used no force, did not press his attention, apologised, appreciated the victims distress and helped him to ring his parents. 3 years reduced to 18 months.