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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
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...
Revenge Porn | Threats To Disclose | Kangs Sexual Offences Defence Solicitors
The offence colloquially known as ‘Revenge Porn’ has been a criminal offence since 2015 when it was introduced by Section 33 of the Criminal Justice and Courts Act 2015. An article explaining the law on this offence was posted to this site previously and, for further...
Sexual Harm Prevention Orders | Kangs Sexual Offences Defence Solicitors
A Sexual Harm Prevention Order (‘SHPO’) is an order of the Court following a conviction for various offences listed by legislation and contains prohibitions restricting the activities of the defendant for a specified period of at least five years and may even be...
Delighted Client | Sexual Harm Prevention Order Revoked | Kangs Sexual Offences Defence Solicitors
Kangs Solicitors has successfully represented, before Worcester Crown Court, a client who wished to obtain the discharge of a Sexual Harm Prevention Order (‘SHPO’) which was imposed in 2015. Helen Holder of Kangs Solicitors reports on the circumstances. Kangs...
Sexual Risk Orders | Kangs Sexual Offences Defence Solicitors
The Anti-Social Behaviour, Crime and Policing Act 2014 introduced Sexual Risk Orders (‘an Order’) which are controversial to the extent that an Application for an Order can be made even if the subject of the Application has not been convicted or cautioned for a sexual...
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
Level 1, Devonshire House, One Mayfair Place
Mayfair, London, W1J 8AJ
020 7936 6396
Manchester
76 King Street
Manchester, M2 4NH