Rape and the Law
Rape is an act of sexual violence that includes non-consensual vaginal, oral and / or anal penetration. Rape can involve weapons or physical violence. It can involve threats and intimidation, but it can also be quiet and manipulative.
Sexual assault covers a number of behaviours including; threats, physical violence, intimidation and forced touching.
The law in detail
The current legal definition of rape came into force on the 1st of May 2004 following the Sexual Offences Act 2003 (SOA). This act repealed almost all of the existing statutes in an attempt to strengthen and modernise the law in relation to sexual offences.
The law says that rape happens when a person (A) intentionally penetrates the vagina, anus or mouth of another person (B) and that B doesn't consent to the penetration and that A does not reasonably believe that B consents.
This new ruling on rape is a break from previous laws as it includes anal and oral as well as vaginal penetration. One effect of this is that it becomes clearer that both women and men can experience rape.
The person who commits the offence of rape must be a man (as the penetration has to be with a penis). If non-consensual penetration is with something other than a penis then the offence is 'assault by penetration'. A woman or a man might also be charged with or convicted of 'rape as a secondary party' where she / he has assisted a man in the rape of another person.
Consent
Under the legislation a person consents if she / he agrees to sex by choice and has the freedom and capacity to make that choice. The offender's belief that the victim consented must be reasonable - this will depend on the individual circumstances of each case and consideration will be given to the steps the offender has taken to find out if the victim consents.
The type of circumstances where consent might be deemed not to be given includes:
- Instances where the defendant uses violence, threats or unlawful detention,
- Where the victim was asleep or unconscious,
- Where the victim was unable to communicate their consent because of a disability,
- Cases where the victim has been drugged,
- Cases where the defendant deliberately deceives the victim into believing that his actions have another purpose such as a medical examination.
Sexual assault
Sexual assault also became a criminal offence under the Sexual Offences Act in 2003. Sexual assault covers a number of behaviours that range from forced touching or kissing to other more serious assaults covered under rape.
The same consent issues apply to less serious sexual offences as they do in cases of rape.
The Sexual Offences Act applies irrespective of the victims' relationship to the offender. Rape in marriage was made illegal in the UK in 1991.
Police and Crown Prosecution Service responses
The police and the Crown Prosecution Service have codes of conduct that they must adhere to when they are investigated or making charging decisions or rape and sexual violence.
Click here to view / download a leaflet on what you can expect from the North Yorkshire police if you report a rape.
Click here to view / download a leaflet on how the CPS make charging decisions.