A rape or sexual assault allegation usually turns on consent, and on whether the accused reasonably believed it was given. How the complaint arose and was investigated matters from the start.
Under the Sexual Offences Act 2003, rape requires penetration without consent where the defendant does not reasonably believe the other person consents. Sexual assault requires intentional sexual touching without consent and the same absence of reasonable belief. Rape carries a maximum of life imprisonment and sexual assault a maximum of ten years.
The evidence usually includes the complainant’s account, messages and phone downloads, forensic material, CCTV and sometimes third-party records. What material the police and the prosecution must obtain and disclose is often contested at an early stage.
Many cases are decided on one witness against another, which makes careful preparation of your account and of the cross-examination especially important.
Selected results
- R v O (Bristol Crown Court)Lead defendant in an organised grooming and sexual abuse case. Acquitted by the jury.
Taken from matters the firm has published. Every case turns on its own facts and past results are not a guarantee of any particular outcome.
Questions people ask
What does reasonable belief in consent mean?
The jury asks whether the defendant honestly believed the other person consented, and whether that belief was reasonable in all the circumstances.
Will the police take my phone?
They often seize and download phones. We advise on what they can lawfully take and use.
Can material from the complainant’s phone or records be obtained?
Disclosure rules govern when it can be requested or relied on. This is frequently one of the first issues in the case.
Can the case be stopped before trial?
The CPS reviews every case against its charging test, and we make written representations where the evidence falls short.