The prosecution will have to prove the following elements to establish rape:
- You have deliberately placed your penis into the vagina, anus, or mouth of another person.
- That the other person did not consent to that penetration (insertion of the penis) and,
- You do not reasonably believe that the other person had consented to that penetration.
The offence of rape is so serious that it can only be heard by the Crown Court. The maximum sentence if you are found guilty of rape is life imprisonment, and anybody convicted of this offence will receive a significant prison sentence.
The evidence in a rape allegation is often very complicated and can rely on forensic evidence as well as the statements of the alleged victim.
We at Spartans Law will listen to what you have to say and act upon your instructions. If you’ve been accused of a serious sexual offence we will fight vigorously to secure the best possible outcome.
We will ensure the following:
- Help you in your police interview and make sure you get your version across
- Examine the case in detail and look for inconsistencies in what prosecution witnesses say
- Challenge the prosecution forensic evidence, and get our own experts involved in the case where this is necessary
- Think strategically and choose just the right advocate for your case
- Help you prepare yourself so, if you give evidence, you’ll be confident and sure that you’re presenting yourself properly
Rape cases are won and lost on defence evidence and we know the importance of gathering this as early and as comprehensively as possible. We are sometimes called in to act on appeal for people convicted of sexual offences where their lawyer hasn’t done this. We’ve learned from the mistakes of others and won’t be making them on your case.
Assault by Penetration
Assault by penetration is an offence under section 2 of the Sexual Offences Act 2003. It is indictable only, meaning it must be heard in the Crown Court.
The prosecution must prove the following:
- intentional penetration;
- of the vagina or anus (not mouth) of the complainant;
- with a part of the defendant’s body or anything else;
- that penetration was sexual;
- the complainant did not consent to the penetration; and
- the defendant did not reasonably believe that the complainant was consenting
If any of the above factors are not present, you should plead not guilty
The key issue for cases of assault by penetration is that of consent, and this will need to be considered in detail before you are advised on a plea. You will be required to consider the steps you had taken to judge consent, and these steps will help determine how reasonable your belief of consent was.
Assault by penetration can be committed against a male or female.
Alternative offences include attempt and sexual assault.
Section 2 of the Sexual Offences Act 2003 is drafted in a wide enough way for penetration by the penis to be included in the charge, but these incidences should be charged as rape, and not assault by penetration.
Maxim sentence: life imprisonment
Offence range: community order – 19 years
If you are being investigated for or charged with, assault by penetration, it is vital that you seek specialist help immediately.