What is Rape?

The Sexual Offences Act 2003 brought in a complete overhaul on the law surrounding Sexual Offences. With complex law relating to consent and the rules of evidence it is important to seek expert advice immediately.

Rape is a serious crime requiring an intentional sexual act against another person (specifically the penetration of the vagina, anus or mouth with the penis) without their consent. Consent has been the subject of a great deal of debate and can often prove to be very confusing. For example, it is possible for a person to consent at first but then withdraw their consent during an act, this will still constitute Rape.

What are the Sentencing Guidelines for Rape?

Although a sentence of Life imprisonment can be given for rape, typical sentences range from 4 – 19 years.

The length of the sentence will depend on the category of harm caused and the culpability including

  • Severity of psychological or physical harm
  • The length and strength of the attack
  • The vulnerability of the victim
  • Previous violence against the victim
  • The intention of the attack

Anyone found guilty of a Sexually related offence will also be required to register on the Sexual Offenders Register. Depending on the charge the defendant will need to stay on the register for between 2 years to an indefinite period of time. Whilst on the register there is a requirement to notify the police

  • Of all foreign travel
  • If you are living or staying with a person aged under 18, for 12 hours or more
  • Of certain credit card and bank account details

You will be required to go to the police station on a regular basis in order to sign a document stating that you are still complying with SOR regulations. If you have no fixed address, you will be required to go to the police station once a week.

Failure to notify the police of any of the above or of any changes to any of the above is a criminal offence.