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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.
Latest News
Teacher Convicted of Sex Offences | Kangs Sexual Offences Defence Solicitors
A school teacher, who is a British National, has recently been convicted at Kingston Crown Court in respect of sexual offences against two children at a school in the United Arab Emirates. Amandeep Murria of Kangs Solicitors outlines the circumstances. The Team at...
Sexual Harm Prevention Order Quashed | Court of Appeal | Kangs Sexual Offences Defence Solicitors
In January 2022 the Court of Appeal heard an appeal against the imposition of a Sexual Harm Prevention Order (‘SHPO’) upon the Appellant which was due to run for a period of five years. The offensive material was seized in October 2017 but the Appellant was not...
Delighted Client | Sexual Harm Prevention Order Varied | Guildford Crown Court
Kangs Solicitors has successfully represented a client before Guildford Crown Court who wished to obtain the variation of a Sexual Harm Prevention Order which was imposed in October 2015. Helen Holder of Kangs Solicitors reports on the circumstances. The Circumstances...
Sexual Offences Arrests | Kangs Sexual Offences Defence Solicitors
It has recently been reported that nineteen men have been arrested for alleged offences involving rape and sexual assault committed over a period of twenty years. Following their interviews, they have all been released on bail pending further police enquiries....
Delighted Client | Unanimous ‘Not Guilty’ Verdict | Kangs Sexual Offences Defence Solicitors
Kangs Solicitors has successfully defended a client tried at Worcester Crown Court for alleged rape. The trial, which concluded on 1 July 2021, has been reported in the press and can be followed on the following links: Worcester Barman Cleared of RapeWorcester Barman...
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
34 St Paul's Square,
Birmingham, B3 1QZ
0121 449 9888
London
Level 1, Devonshire House, One Mayfair Place
Mayfair, London, W1J 8AJ
020 7936 6396
Manchester
76 King Street
Manchester, M2 4NH