Part 5: Virginity Testing and Hymenoplasty Offences Virginity testing offences: England and Wales Section 139: Virginity testing offences in England and Wales: penalties
Section 139(1) deals with the mode of trial and maximum penalties for the new offences in England and Wales. They are triable either way and carry a maximum 5-year custodial sentence on indictment and an unlimited fine, or both.
	The maximum sentence reflects the long-term physical and psychological detrimental effects virginity testing can have on the victim.
	Section 139(2) refers to the length of imprisonment for a summary only conviction, which is currently 6 months in England and Wales. Paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 1 increases the magistrate courts’ powers to impose imprisonment from 6 months to 12 months. This has yet to be commenced. Once it is commenced, a summary only conviction of a virginity test tried in a magistrate’s court will be able to carry the maximum prison sentence of 12 months.