What Is Oral Rape
If you have come across this blog, it may be the unfortunate case that you or something that you care about has been impacted by an oral rape case. Recognised by the Sexual Offences Act 2003, oral rape is one of the main legal issues we support as an SRA-regulated law firm.
Just like any other form of sexual assault, oral rape has a large amount of stress and uncertainty around it, which is why being armed with knowledge is essential.
In this article, we will explore what oral rape is defined as, share the stages of an investigation, look at what the likely outcomes are and let you know more about the expertise our team have to offer.
Keep reading if you want to learn more information about oral rape.
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’s The Definition Of Oral Rape?
When a sexual assault of any form has taken place, it can be tough to figure out what charges are applicable. This is because, in many cases, multiple offences may have occurred.
Oral rape is one of my indictable offences that’s overseen by the Crown Prosection Service. A sexual assault is defined as a form of sexual activity which has taken place without full consent and/or persmission from involved parties. Oral rape refers to when someone’s mouth is penetrated by a sexual organ from someone else. As with any type of rape, victims can be of any age or gender, adding to the seriousness of the criminal activity.
The act is classed as being forced if consent is not given hence why it’s classed as a serious form of assault. It’s also not something spoken about as widely, leading to confusion among many people about the official definition. After reading further on in this article, we hope you feel better informed about this important topic.
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.
What Are The Stages Of Oral Rape Cases?
Oral rape, like any other criminal charge, has a set of processes that are followed throughout the investigation, trial and charging phases. This process aligns with the UK’s importance placed on innocents until proven guilty, which is designed to give everyone a fair trial.
We also wanted to mention that in some cases, a rape victim can drop a charge. This is not always agreed upon by the court but can be selected as an option should there be a genuine reason for not wanting or being able to proceed. This is more likely to take place during the investigation phases of the steps we have included below, but in any case, a legal professional will be able to best advise how to manage.
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.
Reporting of the Oral Rape Case
An oral rape case is opened when an offence is reported. This involves the victim getting in touch with the police to confirm what has happened at the earliest possible opportunity. Another example may be if someone else knows or has witnessed an offence. In all scenarios, official statements from all involved are taken at the first point.
The offender will be taken into police custody, during which time a line of questioning will take place. Depending on the outcome, level of seriousness and background of the offender, they will either be released on bail or retained in custody until a trial occurs.
Investigation And Legal Support
Once an oral rape has been reported, the investigation stages start. During this time, you should seek legal representation, whether you are the victim or the perpetrator. Should you need financial support, you can also look into different funding options at this point
During this period, the charges that are being considered will be confirmed along with further requests for evidence and personal accounts. Oral rape is a crime in itself, but there may be other charges associated, such as GBH, so everything needs to be looked at in detail.
Another reason you should have legal support in place is that you may have questions about the events. Questions such as ‘Can the police make me unlock my phone?’ should always be confirmed by the chosen representation to ensure sufficient protection is provided.
Court Appearance And Outcome
Once all evidence has been assessed, oral rape cases are overseen in a court of law. This is managed by the CPS with the sentencing and decision being made by the judge. You can learn more about this by checking out our article about the UK criminal court system.
What Sentences Does Oral Rape Usually Incur?
Oral rape is classed as a serious sexual assault and has a lengthy possible imprisonment term to match. This can be anywhere between four and ten years with some serious or repeat cases also incurring even longer sentences.
As well as time in prison, guilty offenders will also likely be placed on the sex offenders register and possibly have to pay a form of compensation to the victim. Furthermore, anonymity is not normally offered for these types of cases, so guilty perpetrators may also experience a lot of public backlash as a result of their actions.
To understand the potential outcomes of a case, you should always seek legal guidance.
What Are The Other Type Of Rape Cases?
Oral rape is a standalone criminal charge but there are also a few other types of rape to be aware of in the UK. Having a clear understanding of these makes it easier to manage the legal process should an unwanted event occur.
The other two charges are rape and statutory rape.
Statutory rape refers to when the victim is a minor and includes both consensual and forced sexual encounters. This is the case as the legal age for intercourse has not yet been met but it’s seen as an excretion of power if a minor takes part in these activities. The cases are sensitive and are handled slightly differently in court to account for the younger victim.
Rape covers all types of forced sexual intercourse between two adults. This may also include other sexual assault claims, but usually, if a rape case is open, this will supersede some of the other possible charges due to the severity of the matter.
It should be noted that in all forms of rape cases, there may be valid reasons allowed for parties not to attend court. Should this be requested, it will need to be formally managed via the appointed legal team and a CPS official will have to make the final decision. If the case has already been formally opened, this may not be an option unless there are extreme circumstances for requesting.
How Can JD Solicitors Support in Oral Rape Cases?
At JD Solicitors, we are well-experienced in supporting anyone involved in oral rape cases. We understand this is a stressful time, which is why we work directly with our clients to help them feel relaxed and informed about the entire process. In our role as sex offence lawyers, we are well versed in supporting cases of all sizes and ones with other associated crimes.
As well as being experts in oral rape cases, our team also support a wide variety of other sexual-related offences, including ones concerning voyeurism, UK pornography laws, offences including minors and cases surrounding paedophile hunters.
To learn more about some of the cases our team has worked on, click this link to view our notable cases. Another way we help people is by regularly sharing news related to various UK legal matters. The varied topics that we cover showcase the coverage that our services provide to give even more peace of mind.
