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Rape Defence Solicitors

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.

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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

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 07989 521210

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street,
London, EC4Y 0DR

020 7936 6396

Manchester

76 King Street
Manchester, M2 4NH

0161 817 5020