Rape Defence Solicitors

If you have been accused of rape, it is crucial that you contact our Rape Defence Solicitors straight away. If you are found guilty of either offence, your life will change forever.

Being the subject of an investigation of this nature can have life-changing consequences, which is why it is vital that you seek the best possible legal advice from our rape defence solicitors experienced in rape defence, as soon as possible.

Accused of rape? Need urgent help?

Your future could be on the line – don’t delay and get in touch now on our 24/7

Phone Line: 03333 050 134

Email: web@adleygray.com

What is rape?

The legal definition of rape is when a man intentionally penetrates the mouth, vagina or anus of another person with their penis, without consent. Only a man can commit rape in the eyes of the law, as the penetration must be with a penis. However, a woman can be convicted of rape if they assist a man in an attack.

Rape is one of many different types of sexual offences under the Sexual Offences Act 2003. Others include sexual assault, assault by penetration and possession of indecent images of children.

What does the law say about rape?

The offence of rape is defined in Section 1 of the Sexual Offences Act 2003.

This says that a person (A) commits rape if:

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.

Whether or not the belief is reasonable is determined by looking at all of the circumstances surrounding the potential rape. This includes any steps the alleged offender took to ascertain whether the other person consented to the sexual act.

The Sexual Offences Act 2003 replaced the Sexual Offences Act 1956. However, all historic cases of rape (those which occurred before the 2003 Act came into force) will be dealt with under the 1956 Act.

What is the sentence for rape?

The maximum sentence for rape is life imprisonment. However, depending on the circumstances of the case, the actual sentence may be less.

When deciding the sentence for someone convicted of rape, the court will first determine which category of ‘harm’ (caused to the victim) and ‘culpability’ (of the offender) the offence falls under.

The three categories of harm for rape are:

Category 1 – If the offence involved the ‘extreme nature’ of one or more of the category 2 features (see below) or there was an ‘extreme impact’ caused by a number of category 2 features, then the offence may fall under category 1.

Category 2 – Features include abduction, severe physical or psychological harm, prolonged detention and a resulting pregnancy or STI.

Category 3 – The features mentioned in number 1 and number 2 are not present

Culpability falls into two categories:

Culpability A – features include the offender acting with others in order to commit the offence, a significant degree of planning, the abuse of trust (a doctor and patient for example) and the offence took place during a burglary.

Culpability B – the features of the offence mentioned in the above category are not present.

Once the harm and culpability categories of the rape are determined, the court can refer to the relevant starting point sentence.

For example, if the rape fell into category 1 for harm and category A for culpability, the starting point would be 15 years in prison.

If the rape fell under category 3 for harm and category B for culpability, the starting point would be a 5-year prison sentence.

Once this starting point sentence has been ascertained, the sentence can then be increased or decreased to take into account any aggravating or mitigating factors.

What are the aggravating factors for rape

Aggravating features in a rape case are factors which could increase an offender’s prison sentence above the starting point sentence.

These include:

Previous convictions (particularly relevant recent convictions)
Blackmail
Threats
Use of a weapon
Targeting an especially vulnerable victim
Others present during the rape, particularly children
Attempting to prevent the victim reporting the rape or from assisting the prosecution
Attempting to dispose of evidence

What are the mitigating factors for rape

Mitigating factors are features of a rape case which could mean that an offender’s sentence is reduced from the starting point determined using the harm and culpability categories above.

These include:

Lack of previous convictions
Previous good character (the more serious the offence, the less weight this will normally be given)
Remorse
The offender has a mental disorder or learning disability

What is the difference between rape and assault by penetration?

Assault by penetration is defined under Section 2 of the Sexual Offences Act 2003. The offence of assault by penetration is committed when someone penetrates another person’s mouth, vagina or anus with part of their body (or an object), without consent.

Assault by penetration is different to rape in that the penetration can take place with any body part (or an object), rather than solely a penis. This means that both men and women can commit the sexual offence of assault by penetration.

Often, if there is insufficient evidence to charge someone with rape, they may be charged with assault by penetration.

Like rape, the maximum prison sentence for assault by penetration is life imprisonment. However, unlike rape, which will result in a prison sentence if convicted, assault by penetration can result in a high level community order, depending on the harm and culpability factors and any aggravating and mitigating features.

What should I do if I am accused of rape

Being accused of rape (or any other sexual offence) is a serious matter. If you are convicted, you could find yourself with a lengthy prison sentence. This is why it is crucial that you seek legal advice, from a solicitor experienced in these types of cases, as soon as possible. This way, you can ensure your rights are being respected and can begin to plan your defence, so you are prepared should your case go to trial.

Learn more about why you should instruct Adley Gray.