Rape

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 has 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.

Rape Charges – Frequently Asked Questions

What constitutes rape?

Rape is arguably the most serious of the various sexual offences. It is defined in Section 1 of the Sexual Offences Act 2003 as where a male intentionally penetrates another individual’s anus, vagina or mouth, where both the victim did not consent and the perpetrator had reason to believe that the victim did not consent. 

As a highly serious criminal offence, it carries with it a maximum sentence of life imprisonment. In addition to a significant prison sentence, rape carries a massive amount of stigma, and being on a sexual offender list can ruin future job opportunities in a wide range of fields.

Classifications of rape

There are two main different kinds of rape, the difference being the focus on the implicit vs explicit lack of consent. These are the following:

Rape

Rape is the offence where a male penetrates another individual, male or female, with their penis. For it to be considered rape, the penetration can occur in either the vagina, anus or mouth. In a ‘standard’ rape case, the main concern is that consent was not present. The victim would not have consented, and the perpetrator of the crime must have been aware that the victim did not consent.

Statutory rape

Statutory rape occurs when sexual intercourse happens between a legal adult and an individual who is below the age of consent. In the UK, the age of consent is 16 – below this age, it is not possible to legally consent to sexual intercourse with an adult. 

This makes the case of rape slightly different to that in the case of ‘standard’ rape. The victim can claim that they consented, but they would not legally have been able to. If the victim was between 13 and 16, the case would likely rest on whether there was reasonable belief that the child was above 16. 

What should you do if you’ve been charged with rape?

If you have been accused of rape, it is highly likely that you will also be arrested. It is a serious offence, and the police will want anyone who is charged with rape to be in their custody as soon as possible. 

The first stage that will likely happen after the arrest is a police interview. At this stage, it is vital that you have a solicitor to advise you on whether to provide an account or not.

Rape is a highly emotional crime to be accused of and seeking clearheaded, experienced legal advice will help massively with your case. If you have been charged with rape, it is absolutely imperative that you seek legal representation as soon as possible. 

Making sure that the case is argued exactly as it happened is incredibly important to ensure that you aren’t sentenced inappropriately.

How We Can Help – Ashcott Solicitors Manchester & London

If you’ve been charged with rape, call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour), or you can also get in touch via our contact form.