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). 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 1976)

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). However, the old law may still be relevant in relation to historical allegations.

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