Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Rape

Legal 500

“This is a first class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are all features of this firm”

The Legislation

Section 1 of the Sexual Offences Act 2003 defines an offence of rape as:

(1) A person (A) commits an offence (of 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.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Who Can Be Prosecuted?

Rape can therefore be committed by a man on a woman or on another man.

The Issue of Consent

To be guilty of the offence A must believe that B does not consent and that belief is reasonable.

The jury will be directed to consider all the circumstances surrounding the events in considering whether the belief is reasonable.

For example, it is not necessarily the case that B must attempt to fight A off; physical violence does not have to be used for the offence to have been committed.

The Court Procedure

Rape is an indictable only offence which means that it will be dealt with in the Crown Court before a jury.

The maximum sentence for rape is one of life imprisonment.

 

Defending A Rape Allegation

There are many aspects to consider when defending an allegation of rape such as:

  • Forensic evidence
  • Phone evidence, including texts communication
  • Social media
  • Witness evidence
  • Background behaviour before and after the incident.

Who Can I Contact For Advice & Help?

It is imperative for a client to instruct an experienced solicitor as soon as being made aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

Contact

Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“One of, if not the best, criminal specialist firms in the country”

Chambers UK

“Its is a first rate firm that is dedicated to its clients and is tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“Kangs Solicitors is a standout firm whose lawyers are hardworking, highly knowledgeable and great with clients”

Chambers UK

“They are really great lawyers. Their client care is premium”

Chambers UK

“Kangs is a very proactive firm. They are always very quick off the mark in cases, which provides clients with great reassurance. They are always available to meet with clients at short notice, which is invaluable as often the advice sought is urgent”

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