Rape FAQ

Rape defence lawyers

Merely being accused of rape can have a devastating effect on one’s reputation and often can mean life-changing effects. Our specialist rape lawyers can assist you in the meticulous preparation of your defence, and we are here to help you challenge any accusation. Character references will be obtained and presented in cases involving rape allegations.

We meticulously analyse all aspects of the Crown case and will explore every detail of the defence. Nowadays this very often involves the analysis of phone records and Facebook messages etc. Correspondence and messages between parties can provide crucial defence evidence. We will leave no stone unturned in trawling through any relevant material.

When forensic evidence is relied upon by the prosecution lawyers, our team of specialist rape lawyers will instruct the finest forensic experts to assist us in the preparation of the defence case.

The Definition of Rape

The key piece of legislation on sexual offences in Scotland is the Sexual Offences (Scotland) Act 2009. This sex offences Act deals with a myriad of offences, including rape, sexual assault, sexual exposure and voyeurism. The Act recognises that both men and women can be a victim.

The Act defines rape as occurring,

“If a person (“A”), with A’s penis—

(a) without another person (“B”) consenting, and

(b) without any reasonable belief that B consents,

penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.”

What is consent?

From this definition, it is clear that one of the key issues in prosecuting rape is lack of consent. Rape occurs if ‘B’ does not consent, and ‘A’ has no reasonable belief that B consents.

Consent is defined in the act as meaning ‘free agreement’. Free agreement is absent if B is incapable of consent because of the effect of alcohol or any other substance. A person is also incapable while asleep or unconscious of consenting to any conduct. Consent can also be withdrawn at any time. Consent is often the crucial issue in rape trials, and your rape defence lawyer must have a strong understanding of the law in this area.

Our rape solicitors explain what ‘Reasonable Belief’ is in cases

The definition of rape also requires that A has no reasonable belief that B is consenting to sexual penetration. The Act states that, in determining if a belief is reasonable, regard is to be had to whether the person took any steps to establish whether there was consent and if so what those steps were. Again, this can be a crucial issue in cases, and your lawyer must be experienced in this field.

Penalties for a rape conviction

This is an extremely serious crime that causes huge levels of emotional and physical trauma to victims and their families. It is no surprise then that the penalty can be life imprisonment. This is usually reserved for the most serious offences however a lengthy prison sentence is to be expected if convicted.

Legal aid Scotland rape lawyers

You may be entitled to legal aid for interviews, court dates and trials. Contact our team today, and we will help you to understand how you can get the best representation. Rape allegations are one of the most serious crimes you can be accused of. Hiring a rape defence lawyer should be your number one priority.