Rape is the most serious of all sexual offences, and is considered to be one of the most serious crimes. As such, it carries some of the most severe penalties. Prosecution for this type of crime will usually hinge on the question of whether consent was provided, and whether the accused could reasonably assume that consent existed. With so much riding on the verdict, it is critical that you have a qualified legal team that is experienced in dealing with highly sensitive and difficult sexual offence cases like rape.
Rape is defined as the unlawful penetration of the mouth, vagina, or anus with the penis. If there was consent for the action to take place, then this is not usually dealt with as a rape case, and the question of consent is the only real defence that exists in most of these types of sexual offence case.
Consent does not need to be verbally given, but if the offence can prove that the act was non-consensual or that consent was removed during the act, then they will have a very strong case. The prosecution have to prove that a normal person of sound mind would assume that consent was not given, and if they are unable to prove this, or if your lawyer can prove that consent existed then a not guilty verdict may be achieved.
The actual sentence for rape cases will vary according to a number of factors. The age and vulnerability of the victim, whether the defendant abused a position of power, and the level of physical violence that was used during the attack are some of these factors. Violent crimes against vulnerable victims, performed by people in a position of trust are those that will usually carry the longest and most severe penalties.
Being accused of rape does not necessarily mean that a guilty charge will be heard. The question of consent may be raised as a means of defending the case, and even if you intend to plead guilty, then you should ensure that you have suitable legal representation in order to ensure that you receive a fair sentence. Ashcott Solicitors provides a professional and personal service that can help ensure that you receive a fair result from a fair trial.
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