Rape

Rape, act whereby a man has sexual penetration with someone who does not consent. For offences committed on or before April 30, 2004, rape is defined as sexual (vaginal) intercourse with a woman who does not consent. A defendant is not guilty if he wrongly but honestly believed that the woman consented. He will be guilty if he wrongly and recklessly believed that the woman had consented. The definition of rape did not include assaults by males on males, or assaults on females that involved non-consensual oral or anal intercourse.

For offences committed on or after May 1, 2004, the scope of the offence was extended. The crime of rape is now committed when a man either penetrates with his penis the vagina of a woman, or the mouth or anus of a woman or a man, where the other person does not consent, and the defendant does not reasonably believe that the other person consents. Although a woman cannot commit rape, she can be guilty of aiding and abetting the offence.

“Statutory rape” is an expression used to describe the offence of sexual intercourse with a girl under the age of 16, who cannot legally give her consent to the act, even if she did actually give consent. The maximum sentence in the United Kingdom is 14 years’ imprisonment.

The maximum penalty for rape is life imprisonment. There is a similar penalty for the offence of “assault by penetration”, in which the defendant intentionally penetrates the vagina or anus of another person with a part of his or her body, without the consent of the other party. The penetration must be sexual: properly conducted medical examinations and police searches are therefore excluded. In 1992 the House of Lords held that a man can be guilty of raping his wife. (See also Sexual Offence.)

Rape is an under-reported and under-prosecuted crime. Many (perhaps most) victims are so traumatized by the experience that they cannot face the process of investigation and trial. Recent procedural changes have enabled victims to give evidence from behind a screen, or by video link, to make the experience less distressing, and guidelines have been issued to the police and courts to ensure that such cases are dealt with sensitively.