Rape Offence in UK Law

Leading Cases
  • R v Olugboja
    • Court of Appeal (Criminal Division)
    • 17 June 1981

    We do not think that the issue of consent should be left to a jury without some further direction. What this should be will depend on the circumstances of each case. In the majority of cases, where the allegation is that the intercourse was had by force or the fear of force, such a direction coupled with specific references to and comments on the evidence relevant to the absence of real consent will clearly suffice.

  • R v Keith Anthony Stocker
    • Court of Appeal (Criminal Division)
    • 13 November 2013

    In our judgment, there is a clear judicial and legislative steer away from quashing an indictment and allowing appeals on the basis of a purely technical defect. The overriding objective of the Criminal Justice System is to do justice- to ensure the acquittal of the innocent and the conviction of the guilty. To that end, procedural and technical points should be taken at the time of the trial when they can be properly and fairly addressed.

    The clear purpose of Rule 14 (2) is to ensure that an accused has sufficient information to know the case he has to meet and for all parties to know which statutory provisions apply. Everyone understood and proceeded upon the basis that the appellant was charged with an offence under the 2003 Act committed in 2007 or 2008. The appellant and his legal representatives knew all they needed to know about the case he had to meet and any relevant statutory provisions which applied.

    Thus, from beginning to end of the process, the charge here was, in substance, one of rape under the 2003 Act. As far as the judge, jury, prosecution and defence were concerned the appellant was tried on and convicted of the right offence (rape) under the right Act. The appellant was properly before the Crown Court, the indictment was in every other respect in proper form and, therefore, valid, and the Particulars of Offence could and did support a conviction of rape contrary to the 2003 Act.

  • R v A (No 2)
    • House of Lords
    • 17 May 2001

    In accordance with the will of Parliament as reflected in section 3 it will sometimes be necessary to adopt an interpretation which linguistically may appear strained. The techniques to be used will not only involve the reading down of express language in a statute but also the implication of provisions. A declaration of incompatibility is a measure of last resort. It must be avoided unless it is plainly impossible to do so.

  • R (F) v DPP
    • Queen's Bench Division (Administrative Court)
    • 24 April 2013

    The evidence relating to "choice" and the "freedom" to make any particular choice must be approached in a broad commonsense way. Contrary to her wishes, and knowing that she would not have consented, and did not consent to penetration or the continuation of penetration if she had any inkling of his intention, he deliberately ejaculated within her vagina.

  • R v Viola
    • Court of Appeal (Criminal Division)
    • 10 May 1982

    "(1) If at a trial any person is for the time being charged with a rape offence to which he pleads not guilty, then, except with the leave of the judge, no evidence and no question in cross-examination shall be adduced or asked at the trial, by or on behalf of any defendant at the trial, about any sexual experience of a complainant with a person other than that defendant.

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Legislation
  • Sexual Offences (Amendment) Act 1976
    • UK Non-devolved
    • January 01, 1976
    ... . . Sexual Offences(Amendment) Act 1976 1976 CHAPTER 82 . An Act to amend the law relating to rape. . Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... 1 . Offences PART 1 . Offences . Offences Offences . S-1 . Slavery, servitude and ... . section 1 (rape). . . section 2 (assault by penetration). . . section 3 (sexual ......
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... Sentencing Code does not apply where a person is convicted of an offence before the commencement date. . (2) Accordingly, any provision that ... (a) section 5 (rape of a child under 13); . (b) section 6 (assault of a child under 13 by ......
  • Sexual Offences Act 2003
    • UK Non-devolved
    • January 01, 2003
    ......present Parliament assembled, and by the authority of the same, as. follows:— . 1 . Sexual Offences Part 1 . Sexual Offences . Rape Rape. . S-1 . Rape 1 Rape . . (1) A person (A) commits an offence if— . . (a) he intentionally penetrates the vagina, anus or mouth of. ......
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Books & Journal Articles
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Law Firm Commentaries
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