Can a Rape Victim Drop Charges UK
Understanding the process behind legal cases can be an overwhelming and scary prospect. With 25,269 case disposals by the Crown Court in Q4 of 2023 alone, it’s clear that deciding not to proceed with a charge can be common. However, that is not always the case for all prosecutions.
Rape is a massive cause for concern in the UK, with around 798,000 women alone being assaulted annually. There are also many more men and minors in addition to this, making it a serious criminal matter.
At JD Solicitors, we offer legal support and advice for people concerned with rape cases. In this article, we will share if there are any valid reasons for dropping or not attending court for a rape case from the perspective of the victim.
What Does Dropping Rape Victim Charges Mean?
Statutory rape is a form of assault which involves no consensual sexual intercourse taking place either in a forced situation or when one of the individuals is unable to give permission. It is often classed as a serious indictable offence which requires trial in the Crown Court.
A case is automatically instigated if a crime has been suspected to have taken place. If a case is established and then dropped, charges will not be pressed as the court proceedings are no longer due to take place.
Is It Possible For A Rape Victim To Drop A UK Charge?
Generally speaking, it’s unlikely that a rape charge will get dropped due to the severity of the accusation. This means that even if a victim no longer wants to press charges, they are often not given a choice about doing so, as in most cases, greater risks are on the table. If somebody is seen to be a repeat offender, dangerous to society or has committed a crime with associated actions, such as GBH, it’s most often safest to still punish them.
There is, however, a list of reasons why the Crown Prosecution Service (CPS) may choose to drop charges. These are assessed on an individual, case-by-case basis, and the amount of available evidence is taken into account. This is also applicable if it is deemed not best to prosecute in court, instead either managing in a different setting or simply not proceeding with a criminal charge.
Some of the other reasons why a victim may be allowed to drop charges are as follows:
- If the defendant is vulnerable, the victim may have the option to choose not to press charges.
- If the case is deemed to achieve an insignificant penalty, there can be questions about whether it is worth a case proceeding. However, as the minimum charge for rape cases tends to be four years, this is not likely.
- If the mental or physical health of the victim is suffering due to the stress of the case or if they are simply unable to partake in proceedings.
- Another reason is if there has been a lengthy delay between the incident and a proposed court date.
- Victims can also create a case for dropping charges if it can be deemed that compelling the victim to give evidence in court will be inappropriate.
- Finally, another reason for applying to drop charges is if the case has been settled in another form outside of court. This could be something like a form of financial compensation managed by legal parties or a formal apology plus an acknowledgement of guilt about the situation.
No matter the reason a victim wants to drop charges, enough viable evidence will need to be provided. Without this, a court will be unlikely to give the change a green light for a number of reasons. That is why it’s always best to carry out any proceedings like this with legal support and assistance.
A court will be more willing to listen to the case for dropping and consider the information being presented if a professional body backs it.
What Is The Process Is A UK Rape Victim Charge Is Dropped?
If a victim wants to start the process of dropping a case of rape, they will first need to seek professional legal support for doing so. The entire case, including evidence and already carried out proceedings, will need to be assessed to create a compelling reason for wanting to do so. Also, by working with a legal professional, the CPS can understand that the request to drop the charges is genuine and backed by the best interests of the victim.
A formal appeal will then need to be submitted to the CPS. Once they have assessed all evidence and contributing factors, the charges can be formally signed off and dropped. It should be noted that dropping a case and formal acquittal are two separate entities. Dropping a case is the victim formally applying, with any of the reasons we have listed in the previous section, to prevent the case from proceeding further, even if genuine evidence is available. An acquittal is a court deciding to drop charges against the defendant due to lack of evidence or the need to manage via the official trial processes.
The victim will be made aware of the case being dropped by their solicitor who will share the official notice from the CPS. This information will also include if the case is permanently dropped or if it could be reinstated. The latter option would be applicable if the reason for dropping was a temporary one, such as health related, or if the defendant commits a crime in the future in which the case would be relevant evidence.
Another question we commonly see pop up is, ‘Can a woman be charged with statutory rape uk-rules’. The answer to this is yes. Although male charges are more common in the UK, a female can still be charged with the same offence should they engage in sexual activity with a minor.
In summary though, statutory rape is an incredibly serious offence which brings with is a punishment to match. If you are facing allegations or are supporting a victim of this crime, we can support you.
What To Consider If You Are Wanting To Drop A Rape Victim Charge?
If you have been a victim of rape and are considering dropping a case, we would encourage you to consider the following points. This will ensure the decision is being made for the best reasons and it’s what is right for you plus others who may be impacted in the incident.
Additional Support Available
If you are feeling scared or concerned about taking part in a rape trial, you are not alone. We understand this is a stressful time, so seeking support from others who may have experience or professional organisations is a great way to gain aid. If a victim has shown they have received help but still have a compelling reason for wanting to drop the case, the CPS may be more likely to pay attention to them.
Motivation For Dropping
In the UK, innocent until proven guilty is the norm which can mean that sometimes victims may start to feel bad for wanting to progress with a charge. This can lead to some requesting to drop when it’s not the best decision for them. You should ensure that issues such as personal guilt or funding concerns don’t influence the finance decision.
Legal Assistance And Implications
If you are wanting to drop a rape case, you will need to find the right legal support. As a SRA regulated law firm, we are best suited to help in these scenarios. Other deciding factors should include researching notable cases and asking all questions you may have.
How Can JD Solicitors Support Rape Victims?
Should you require support or advice with dropping a case as a rape victim, our team are ready to help. Our far reaching expertise and handle on recent news means our clients can receive peace of mind when it comes to making these important decisions.
To learn more, contact our team now.
Did you find this article helpful? We often share topics that we get frequently asked about as knowledge is power, especially in legal cases.
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Being involved in a rape charge can result in a lot of stress, which is why it’s always essential to have the right legal support on your side.
