Our legal team are extremely proficient in dealing with the cases surrounding our clients that have been accused of rape and sexual assault, our knowledge of the investigation process and tactics used by the Crown to convict and we are able to help navigate what is a complex series of rules of evidential exhibition that conclusively dictate how your defence case is presented to the courtroom.
These cases are handled with extreme care and diligence as we are dealing with clientele that can be embarrassed and traumatised by the ordeal of being accused of sexual assault that faces them. Our goal is to help you through this difficult process and to attain a favourable result.
It is imperative that you get in touch with us as soon as possible, it is in your best interests to approach this issue face on, a conviction or even an accusal of a sex crime can be lifechanging and devastating.
Here at Glasgow Lawyers our team regularly take the defence of those accused of rape and various other sexual offences, we know the importance of assembling a specialist team with expertise and passion to stand in defence of your accusation.
Following an acquittal for a wrongful rape accusation, our client stated:-
I am greatly relieved that months after this ordeal began, I have finally got justice. From the outset, I maintained my honesty, but what was horrifying for me and my family was the prospect of imprisonment for something I did not do.
I am truly apologetic for the genuine victims of rape, but I am glad that justice has prevailed.
Rape (S1)
The crime is performed when the perpetrator-A
- Infiltrates the victim-B
- the vagina, anus or mouth of B
- with A’s penis
- without B’s permission
- and without any understandable belief that B was permitting
Lack of Consent
Described in the 2009 Act in s.12 consent is defined as “free agreement” and it is primary to the crime. The Act doesn’t present a definition of “free agreement”.
The Act, nonetheless, recognises a number of circumstances where this free agreement is missing;
Statutory list of situations where there is no free agreement (s13)
B is incapable of permitting due to the effect of alcohol or any other substance
B agrees because of brutality used or warnings of violence made to B or any other person
B agrees because B is illegally restrained by A
B agrees but is deceived by A as to the nature or meaning of the conduct
A induces B to agree by portraying someone known to B
Where someone else agrees to B’s participation
Additionally, if B is either sleeping or unconscious, then there is no “free agreement” as what occurred and consequently no permission
Rape & Reasonable Belief (S16)
The phrase ‘reasonable belief’ isn’t specified within this Act.
It’s for the jury and court to ascertain whether A had a view that was fair and in reaching that conclusion, consideration is to be had to what steps if any, A had engaged to determine whether the other participant was consenting.
Penetration
Penetration does not need to be concluded, any level is sufficient, it’s not mandatory for there to have transpired any seminal discharge. The slightest infringement of the penis into the appropriate part of the victim’s torso is expected to be deemed penetration.
Consent
Concent is regularly the key subject in sexual assault cases. Someone must be in a situation to provide or decline consent. A person sanctions if they agree by choice and have the choice and capability to make that judgment. To be free to make a judgment, a person must be independent of any physical force, but it is a subject for a jury as to what extent of intimidation has occurred before they are no longer agreeing through selection. That must be proven by the corroboration of evidence.
Belief of Consent
The belief of consent must be fair, and consideration must be given to all the events, including any actions which were exerted by the accused in order to ascertain if the victim permitted. Even where it is believed that the victim didn’t permit, it must still be analysed whether or not the accused genuinely believed they were consenting. A lack of genuine belief that they were consenting is imperative. That is to be determined by corroborating testimony. If the accused understood she was, they are therefore not guilty of sexual assault.
Rape & Corroboration
There has to be authenticated proof that the involved planned to assault the victim, either recognising or understanding that they were not consenting or rash as to whether they were agreeing or not. Implying “recklessness” here implies disregarding to consider the situation or being utterly indifferent to the subject of whether they were or weren’t consenting.
Due to the intimate nature of a sexual crime, in particular, rape, there can be vital difficulties in receiving corroboration. As most violations take place in secret, with little to no eyewitnesses testimony and often little if any bodily injury.
Support for the victim’s lack of permission can arise from the testimony of others that they remained distressed afterwards, provided their distress was honest, was caused by what transpired, and wasn’t due to other extraneous circumstances like guilt or repentance.
That assistance can also develop from proof that any injuries sustained or forensic proof such as DNA. Manifestations of brutality may be the result of, and proof of, her lack of permission. Support for the fact that the involved was cognizant that he did not have permission to do what he did, or was thoughtless as to whether he had as such permission or not may come from proof of force or brutality or witnessed distress at the time, but not from proof of distress succeeding the event.
Rape- Sentencing
The greatest penalty for a guilty conviction with regards to sexual assault is a life term in prison. In addition to a jail term sentence, the perpetrator will be obliged to be declared on the sex offenders register. In Scotland, only the High Court can prosecute a rape case. If convicted the implementation of a custodial sentence is unavoidable, however, with the correct input and intervention of your juridical team can mitigate the length of this sentence with skilled negotiation on your behalf when the case is presented to the crown.
