Subsection 5 , a , b , c of this article defines "threat" for the purpose of this article. Pre-sentence reports are prepared by probation officers, who also supervise offenders living in the community after receiving community-based sentences or after their release from prison. It has evolved from its narrow traditional definition of forced penetration of a vagina by a penis, outside of marriage , to a broader definition, which includes forced sex in marriage marital rape , and may also include other sexual acts such as anal or oral sexual penetration ; the latter were traditionally dealt with under sodomy laws. This offense was not derived from the English offense as Scotland retained its own system of criminal law under the terms of the Acts of Union The guideline judgment may also identify and assess common features of the offence, to guide judges as to where individual cases fall within the available range. The judge will then hear evidence about the offending and will make factual findings in the same way as if a full trial had occurred. Attempted sexual violation and assault with intent to commit sexual violation are also punished Article Grading of Gang rape of a child below twelve years of age The Court of Appeal may correct sentences if, for example, it considers the sentence is outside the available range for the particular offence, or is otherwise wrong for instance that a principle in the Sentencing Act has not been applied or a relevant fact has been ignored. Prison sentences for rape are not uniform. Because different cases are never identical, individual sentences are required to fall within what is often termed the "acceptable range" of sentences for that offence. Where an offender pleads guilty, the prosecution will provide a summary of facts for sentencing. Victims may ask to be allowed to read these statements in Court, and certain victims, such as victims of serious assaults or sexual crimes are entitled to read their statements as of right if they wish, unless a judge considers it inappropriate to do so. This follows the typical pattern of violent crimes in the US, where those convicted typically serve no more than half of their sentence.