Rape

Rape is a statutory offence which can be committed by a man upon a woman or another man. It consists of non-consensual vaginal, anal or oral intercourse.

The offence of Rape can only be dealt with at the Crown Court, which means your first hearing will be at the Magistrates Court who will forthwith send your case to Crown Court.

The maximum penalty for rape, and attempted rape, is life imprisonment. The starting point for a case involving an adult victim raped by a single offender in a case that involves no aggravating features at all is five years. In the event of any aggravating features, which are identified by the sentencing guidlines, the starting point is eight years. An example of an aggravating factor is a rape accompanied by abduction or detention.

Where identified aggravating factors exist and the victim is a child aged 13 or over but under 16, the recommended starting point is ten years; for the rape of a child under 13 where there are no aggravating factors, a starting point of ten years is recommended, rising to 13 years for cases involving any of the particular aggravating factors identified in the guideline.

In addition, the court should in every case consider a disqualification from working with children and a sexual offences prevention order. There is a notification requirement, which in laymans terms means being placed on the sex offenders register.

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