What Is Attempted Rape
Did you know that 85,000 women in the UK experience rape, attempted rape or sexual assault every year? This is also a deeply affecting crime that impacts men and minors, meaning it’s a serious issue for the criminal system to deal with.
We recently shared an article about whether or not a rape victim can drop charges as part of our series on educating everyone about UK sexual assault laws and indictable offences. In this blog, we will explore what attempted rape is defined as, plus share some helpful information for anyone who may have been affected by this inexcusable crime.
Shedding light on how victims of such crimes can be supported is a passion of our team, as we believe everyone should have access to robust legal knowledge. Keep reading to understand in detail what attempted rape is and how we can support those impacted.
What’s The Definition Of Attempted Rape?
Attempted rape means that unwanted sexual penetration has been forced upon a victim without success. This counts if force has been made to enter any of a victim’s personal bodily areas without consent. It’s the action of intent instead of forced sexual intercourse which sets this apart from both statutory and other rape cases.
For the case to be classed as attempted rape, it also must go beyond other forms of attack such as GBH or harrasment. The guilty party will show intent in a physical form, which can still include unwanted contact just without complete penetration.
The incident is highly traumatising to those impacted, thus representing a serious crime in the UK and across the rest of the world.
What Are Some Rape Cases Only Attempted?
There are a range of reasons as to why attempted rape cases do not progress to complete rape assaults. The factors for these and associated information are all used within cases to determine the level of penalty that a perpetrator will receive. Some examples of this are as follows:
- If the victim is able to successfully fight off the attacker therefore preventing the intended activity from occurring.
- If the perpetrator changes their mind or stops due to another interruption. Even if the attacker has realised what they are doing is wrong, the crime has still been committed meaning legal proceedings will take place.
- If someone else is witness to the attack and is able to prevent anything. In these chases, a stronger case is often built as third party evidence is also provided in court.
However, no matter which of these reasons may be included, there are still serious implications for anyone who commits this crime.
What Sentences Does Attempted Rape Usually Incur?
Attempted rape is a serious offence which is sentenced in the UK under the Criminal Attempts Act 1981. The act covers a range of crimes which have been attempted with genuine intent. Other crimes included within this include intent to person damage a vehicle, to loiter, to carry out or to act on a conspiracy.
As attempted rape is an indictable offence, in most cases, it carries a prison sentence. The length of this is determined by the judge who acts on the UK’s innocent until proven guilty method of assessing crimes. The average sentence for this is around four to five years. Some cases have even been known to extend beyond ten years in situations when other crimes are also being considered within the sentencing. You can learn more about the process for determining sentences in this article about how the UK criminal system works.
Perpetrators will also likely be placed on the sex offenders register, may be held in custody before trial and can also be requested to pay financial compensations to the victim(s).
It should also be noted that there can be other outcomes also to attempted rape cases. This is the case if evidence leads to a different charge being placed upon the perpetrator. Any circumstances under the Sexual Offences Act 2003 may be incurred depending on activities that have taken place. An example may be that an offender is not charged with attempted rape but instead a preparatory act which entails a lesser charge.
Furthermore, attempted rape can also be charged even if an attempt to penetrate is made. The action needs to have been proved to have included intent. In this situation, clear evidence of an attempt being made is required which usually comes in the form of statements from those affected or third parties, physical evidence and also CCTV recordings.
How Can Attempted Rape Affect Victims?
One of the reasons that attempted rape carries such serious penalties is due to the ways it impacts victims. Not only is it a complete violation of a person’s human rights, but it’s likely to lead to a lifetime of repercussions which are hard to overcome.
Physical And Psychological Trauma
Judges will consider the physical and mental impacts of an attempted rape crime to determine the length of the charge. Victims can experience disabilities from physical injuries and mental health conditions such as anxiety or depression. Furthermore, the offender’s states are also considered in order to conduct a fair trial. Victims of attempted rape may also experience issues with consensual intimacy in the future, meaning that consideration of longer-term treatments is also noted in court cases.
These types of trauma can even sometimes be classed as valid reasons for not attending court, proving just how impactful they are.
Financial Issues Associated With Legal Support
Sourcing legal support can be an expensive process which is why we also specialise in helping people find suitable funding for cases. However, without this, victims can be left in poor financial situations or unable to find professionals that specialise in the level of legal assistance they require.
Also, those impacted by attempted rape may also experience trouble working or carrying out the simplest of everyday tasks, which leads to wider cost implications.
Social Confidence And Self Esteem Issues
Last but by no means least is the impact on interpersonal relationships. This often comes from the mental side effects of attempted rape and the wider situations that occur as a result, such as having to attend court. There are also known cases of negative prejudice towards victims, such as stigmas or blame, which leads to further problems that can be hard to navigate in the following days, months and even years.
What Legal Services Are Available From JD Solicitors For Attempted Rape Cases?
Have you been affected by any of the information we have mentioned in this article? Being included in an attempted rape case can be a deeply traumatising experience for anyone. Whether you are a victim or believe you have been wrongfully accused, our sex offence lawyers are ready to support.
As an SRA regulated law firm, our purpose is to protect the public. This means helping those who have been wrongfully treated to receive the legal outcomes they deserve. Our team has proven experience in helping people which can be recognised by checking out some notable cases we have been given permission to share.
Aside from supporting attempted rape cases, we also provide an extensive range of legal support. This is beneficial as it shows that we can give an accurate view of expected outcomes plus provide support for changing cases. This includes a variety of instances, from voyeurism to assisting in cases involving paedophile hunters. We also regularly share lots of news and advice, such as the information in this article. Topics you can find on our website cover everything from UK pornography laws and going to jail for kissing a minor to understanding if police can make you unlock your phone.
