Rape is an indictable only offence which means that an allegation of rape can only be heard in the Crown Court. A conviction for rape carries a maximum sentence of life imprisonment.

During the investigation stage of a case, we will always look at the early pre-charge engagement with the police. from the outset we will focus upon the Charing Standard and the need for a ‘realistic prospect of a conviction’ for a prosecution to commence. Our objective will always be to make effective representation against charge.

Definition of Rape

Rape is defined under Section 1 of the Sexual Offences Act 2003 (“The Act”) as one person’s intentional penetration of another person’s vagina, anus or mouth with his penis, where the other person does not consent and he does not believe the person consents.

Rape offences are prosecuted under the Sexual Offences Act 2003 in England and Wales and include:

• Rape
• Sexual assault
• Sexual activity without consent
• Inciting sexual activity without consent.

Rape involves sexual penetration of any part of the body and can apply to heterosexual sexual activity or same sex sexual activity. 

In rape cases, issues of consent may be involved – including whether consent could be given if the victim was intoxicated, was subjected to coercion, had a mental health condition or was unconscious, asleep or on medication. 

Spouses or partners can be charged with rape – and there have been cases where one or both parties were underage, including very young children.