Rape of an adult is:

1.  the intentional penetration of the mouth, vagina or anus;
2.  of another person;
3. with a penis
4. without either: the other person’s consent or reasonable belief in that consent.

Rape can therefore only be committed by those with a penis.

It is one of the most serious crimes in English law, carrying a life sentence for the most severe rapes alongside an entry for the offender on the Sex Offenders Register. However, prosecutors have found rape a difficult offence to prosecute and the general shortage of specialist rape prosecutors has meant that trials are often delayed.

If you have been accused of rape, even if the accuser has not yet informed the police, taking legal advice can help you protect your position and avoid legal obstacles. Sexual offences are a very complex area of law.

What is the age of consent in the United Kingdom?

The age of consent in the United Kingdom is 16 years old. Nobody below the age of 16 can consent to sex. If the alleged victim is between the ages of 13 and 15 inclusive, then an offence of ‘sexual activity with a child’ will be charged. There is a defence available to the individual charged, namely that they had reasonable belief that the alleged victim was over the age of 15.

If sex is alleged where one party is under the age of 13, then ‘rape of a child under 13’ will be charged. Once again, consent is irrelevant. However, reasonable belief in being over the age of 15 is no longer available as a defence.

What if I was drunk?

Being drunk or otherwise intoxicated is not, by itself, a defence to the offence. If the alleged offender was drunk, this is a factor the jury may consider when determining whether the offender had ‘reasonable belief’ in the consent of the alleged victim. Being too drunk to consider consent, or being too drunk that you cannot remember what happened, is no defence.

What if the alleged victim was drunk?

The alleged victim being intoxicated is not a defence. Drunk individuals can still consent to sex but, if they are so drunk or intoxicated that they are incapacitated, then they lose the ability to consent. Any sexual activity with the incapacitated is an offence.

What can I do if I am falsely accused of rape?

Being falsely accused of rape can be shocking and unexpected. The police may arrive at your home and arrest you. You may not remember the event. Even if you think you have been falsely accused, it is important that you do not offer a statement to the police – even in passing- without taking legal advice.

Sometimes, if you are acquitted of a rape charge or the matter is dropped, the accuser can be charged with an offence for making a false accusation. It can be charged under the offences of ‘Perverting the Course of Justice’ or ‘Wasting Police Time’.

The alleged victim wants to withdraw their allegation, how do they do that?

To withdraw an allegation, all they need to do is tell the police. However, the authorities can, in rare cases, continue with the prosecution if there is sufficient evidence and the public interest to do so.

I have been accused of rape, what do I do?

If you have been accused of rape, you will likely be extremely worried. Do not panic. With careful negotiation and written representations, cases can be dropped even before they are formally charged. This is known as ‘proactive defence’, which is especially useful in sex cases where evidence can be thin.

In cases of alleged rape, instructing legal representation at an early stage is critical to the overall  defence. If you are taken to a police station, you are entitled to free legal advice. Our specialist sexual offences team has an excellent reputation built upon a history of successful outcomes for our clients. At the police station, ask for ABV Solicitors.

If your case is already under way, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers. We have the knowledge and experience to help.