Rape
Rape

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Rape
  • The old law and the new law of rape
  • Elements of the offence of rape under the old law
  • Lack of consent under the old law
  • Problems with dates
  • Where the exact date is not known
  • Offences that span the changeover from the old to new law
  • Drafting the Indictment spanning old and new law
  • Elements of the offence under the Sexual Offences Act 2003 (SOA 2003)
  • Consent
  • More...

The old law and the new law of rape

Throughout this Practice Note, reference is made to the old and new law of rape. The old law is divided into three periods, depending on when offences were committed:

  1. 1 January 1957 to 21 December 1976 fall under section 1 of the Sexual Offences Act 1956 (SOA 1956). Consolidated statutes. Amended by Sexual Offences Act 1967 in relation to homosexual acts

  2. 22 December 1976 to 2 November 1994 fall under the section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1994)

  3. 3 November 1994 to 30 April 2004 fall under the SOA 1956, s 1 (as amended by the Criminal Justice and Public Order Act 1994 (CJPOA 1994))

The new law applies from 1 May 2004 onwards and covers offences falling under section 1 of the Sexual Offences Act 2003 (SOA 2003).

Elements of the offence of rape under the old law

For offences charged under the old law, the prosecution must prove that:

  1. the defendant penetrated the vagina or anus of the complainant with his penis

  2. when the complainant did not consent, and

  3. at the time of the non-consensual intercourse, the defendant knew that the person did not consent to the intercourse or was reckless as to whether that person was consenting to it (not reasonably believing there was consent)

Any degree of penetration within the labia of

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