Criminal Investigations by the Insolvency Service
by Camilla Rents | Criminal Defence Generally
Rape is a serious sexual offence which has a maximum sentence of life imprisonment. Facing an allegation of rape can be a challenging and distressing experience. If you or someone you know has been accused of rape, it is vital to seek expert legal advice as soon as possible to protect your rights and interests.
The legal process surrounding rape allegations can be complex and difficult to navigate. This is why it is crucial to choose a reputable law firm with a proven track record of success in defending clients facing rape allegations – at Old Bailey Solicitors, we are just that.
Old Bailey Solicitors are a specialist criminal defence law firm with extensive experience in defending clients facing rape allegations. We are regulated by the Solicitors Regulation Authority and offer tailored advice to our clients and offer legal aid or private instruction.
Our experienced criminal defence lawyers are dedicated to providing you with the support and representation you need at such a daunting time. Our team has an excellent track record in defending clients facing rape allegations.
At Old Bailey Solicitors, we understand the complexities involved in rape cases and the importance of providing expert legal service and advice. Our experienced criminal defence lawyers have a thorough understanding of the provisions of the Sexual Offences Act 2003 and will work tirelessly to defend your rights and ensure the best possible outcome for your case.
Our team will thoroughly review the evidence against you, including any forensic evidence and witness testimony, and provide clear and concise advice on the best course of action.
We understand the importance and sensitivity of these cases and are dedicated to providing the best possible legal support and representation. Our team of experienced solicitors will provide unparalleled support, representation, and advocacy throughout the entire legal process, working tirelessly to defend your rights and achieve the best possible outcome for your case.
The law relating to rape in the UK is governed by the Sexual Offences Act 2003. Section 1 of the Act defines rape as intentional penetration, with a person’s penis, of another person’s vagina, anus or mouth, without that person’s consent. Rape is an indictable-only offence, which means that it must be tried in the Crown Court.
As the Sexual Offences Act 2003 defines rape as only being able to be committed with a ‘person’s penis’, the offence can only be committed by a person with a penis. The Crown Prosecution Service are increasingly aware of the necessity to consider all the circumstances where cases relate to transgender or non-gender specific individuals. We appreciate this is particularly sensitive for individuals in this position, and are dedicated to ensuring we advise you based on your individual circumstances in the clearest possible way.
Where a person does not have a penis, other sexual offences may be relevant including sexual assault or sexual assault by penetration.
To be convicted of rape, the prosecution must make a jury ‘sure’ that the defendant intentionally penetrated the victim with their penis, without the other’s consent, and that they knew or ought to have known that the victim was not consenting. Consent must be freely given, specific to the act being performed, and the victim must have the capacity to give it.
The concept of “reasonable belief in consent” is a key aspect for the prosecution to prove. This means that the defendant must have had a genuine, albeit possibly mistaken, belief that the victim consented to the sexual activity in question.
The test for consent is partially subjective and partially objective. It asks firstly whether the defendant genuinely believed in the consent of the other party. The test then asks, if so, was the belief in consent reasonable? This second part is the objective test, taking into account all the circumstances of the case, and is for the jury to decide.
The prosecution must prove that the defendant did not have a reasonable belief in consent and make the jury ‘sure’ of this. Our experienced criminal defence lawyers have a thorough understanding of the law surrounding consent and will take time to consider your perspective and the surrounding circumstances in relation to consent.
Facing rape allegations will likely result in police interview at a police station, which can be a daunting and intimidating experience. If you have been falsely accused of rape, are unsure whether the sexual activity would amount to rape, or have committed the offence, our experienced criminal defence lawyers will provide you with the support and representation you need. Having a duty solicitor or privately instructed solicitor present can be key to beginning to build a robust and well-prepared defence, especially in light of the serious nature of these allegations.
A police interview under caution is a formal process in which the police question a suspect about a crime they are investigating, this can be a critical stage in the criminal justice process, as the outcome of the interview can have a significant impact on the outcome of the case.
During a police interview under caution, the police will ask you questions about the alleged incident and could use your answers to build their case against you. It is important to remember that anything you say during a police interview under caution can be used as evidence against you in court.
When arrested, you may also be asked to provide intimate samples for examination and comparison from those taken from the complainant. Our solicitors can advise you on whether you should or should not provide these samples, and the impacts of the available options.
False rape allegations can be a heartbreaking and scary experience for those who are accused.
The ramifications of such allegations can be far-reaching and life-altering, potentially leading to criminal charges, a nerve-wracking police interview under caution, and even a prison sentence.
These false accusations can also leave deep emotional scars and tarnish a person’s reputation and future prospects.
Given the seriousness of the consequences, it is imperative for anyone who has been falsely accused of rape to obtain professional legal advice from a specialist law firm immediately. Old Bailey Solicitors, a leading criminal defence law firm located in London, Sussex and Surrey, offers tailored legal services to those facing false rape allegations.
With a proud history of delivering favourable results and providing the highest level of specialist advice, Old Bailey Solicitors is the ideal choice for anyone in need of guidance and support in navigating the criminal justice system in the wake of false rape allegations.
Evidence plays a crucial role in rape cases, and it is important to understand the various types of evidence that may be collected and used in court. Digital evidence from devices such as a mobile phone may provide valuable insight into the circumstances surrounding an alleged incident. This can take the form of photographs, text messages, emails, location data and much more.
Forensic evidence, including DNA analysis, can also provide crucial information in determining the veracity of rape allegations. In order to build the strongest possible defence, it is important to have a thorough understanding of the evidence that may be collected and used in court.
In addition to examining and interpreting digital and forensic evidence, Old Bailey Solicitors has extensive experience in instructing expert witnesses to assist with evidence in rape cases. Expert witnesses, such as forensic scientists and digital forensic analysts, can provide invaluable testimony and analysis in court, helping to support your case and strengthen your defence.
Old Bailey Solicitors are specialist sexual offence solicitors and have extensive experience in navigating the complexities of digital and forensic evidence in sexual offences, such as rape cases, providing expert analysis and representation to our clients. Our team of criminal defence lawyers will work closely with you to ensure that all relevant evidence is thoroughly examined and used to build the strongest possible case on your behalf whether funded privately or by legal aid. Contact our team today.
If you are convicted of rape, the sentence will be a term of imprisonment. The length of which can range from a likely minimum of four years’ imprisonment to a maximum of a life sentence. The length of the sentence will depend on several factors, including the severity of the crime, the age of the victim, and the defendant’s prior criminal history.
The sentence can also be affected by the presence of aggravating factors, such as the use of violence, the involvement of multiple perpetrators, and the presence of a weapon. In cases where the victim is a child or a vulnerable adult, the sentence is also likely to be higher. There may also be mitigating factors, such as genuine remorse, lack of previous convictions and others, which would reduce the sentence.
Victim impact statements are an important part of the sentencing process for rape cases in England and Wales. These statements allow the victim to express the impact the crime has had on their life and provide the court with important information about the harm caused by the offender. The statement will usually discuss the victim’s feelings about the offender, such as fear, anger, or a desire for justice as a result of the sexual abuse. The court must consider the victim impact statement when determining the length of imprisonment.
In addition to imprisonment, the offender may also be required to register as a sex offender and may be subject to a Sexual Harm Prevention Order (SHPO), which restricts their ability to engage in activities that may pose a risk of harm to others.
Being given a SHPO on conviction of rape is a serious matter that carries significant consequences. SHPOs are court orders that are imposed to protect the public from individuals who have committed sexual offences.
Upon conviction of rape, the court may choose to impose an SHPO, which will restrict the individual’s activities and movements to reduce the risk of reoffending. This may include restrictions on internet use, living arrangements, and contact with certain individuals, among others.
It is important to note that a SHPO is not a punishment in itself, but a measure taken to protect the public. Individuals who breach a SHPO can face further legal action, including imprisonment. Therefore, it is crucial for individuals who have been given an SHPO to understand and comply with the conditions imposed upon them. Our experienced team of solicitors can help you understand the conditions and implications of the SHPO, and provide effective legal advice to help you comply with the order and avoid any potential breaches.
Rape offences are serious and complex legal issues that require specialist knowledge and expertise to navigate, we understand that each case is unique and requires a tailored approach to defending allegations.
At Old Bailey Solicitors, our criminal defence lawyers have a wealth of experience in defending individuals with criminal cases relating to rape allegations, providing specialist advice and representation throughout the legal process. From police interviews under caution to Crown Court trials, we are dedicated to protecting your rights and achieving the best possible outcome for our clients.
Whether you have been falsely accused or are facing historic sexual offences or historic rape, our experienced team can help. With an excellent track record of success and a commitment to providing the highest standard of legal advice, Old Bailey Solicitors is the ideal choice for anyone in need of expert legal representation.
Contact us today to discuss your case and for a non-judgemental consultation with one of our specialist criminal defence solicitors.