What Is Statutory Rape
In the first quarter of 2023 alone, the volume of suspects charged with some form of rape in the UK rose by 13.7%. Statutory rape is a serious sexual assault crime that is still largely underreported across the world. At JD solicitors, are passionate about shedding light on this indictable offence which is why in this article, we will explore in detail what is statutory rape UK-based. This is important as each country has their own understanding and definition.
Alongside providing a definition, we will also look at what a statutory rape case would look like, what to expect at a magistrates court and share the pieces of evidence that are traditionally explored.
Keep reading to learn our expert advice and to understand what signs to look for when assessing this unsettling crime.
Statutory Rape Meaning Explained
The Statutory rape definition is when an adult (18+) engages in sexual activity with anyone younger than this age. This is classed as rape as the child is not old enough to consent to sexual activity. This is seen as an abuse of power and is still applicable even between the ages of 16 and 18. This is important to consider as the legal age to have sexual intercourse in the UK is 16, but child-laws still protect minors as they are not yet aged 18. The period between these ages is still pivotal for teens turning into adults as they still have a good amount of maturity to obtain, meaning they can be more easily influenced and/or taken advantage of. Additionally, anytime sexual activity takes place without full consent from both parties, it is a form of rape.
Due to the age of the individuals affected by statutory rape, the offender is most likely to be placed on the sex offender’s register. Sexual activity in this instance is also not just classed as the complete act itself but also other unwanted attention such as inappropriate touching or attention. Whilst he may not be classed as statutory rape, it is an offence which will likely lead to a criminal record. Click to read this article about if you can go to jail for kissing a minor to learn more. Statutory rape UK rules are still enforceable in many of these situations.
We also often get asked is it statutory rape if both are under 16 uk? Although this is not classed as statutory rape, it is still a criminal offense as a law has been broken. Also, if this is not consented to, the prosecution level will be much greater.
Statutory Rape vs Rape: What Are The Differences?
Statutory rape is still a form of rape but one that relates specifically to offences relating to a child under 18 years of age. The broader definition of rape itself is the following:
“Intentional penetration with the penis, by the defendant of the victim’s vagina, anus or mouth either without the consent of the victim, or without the reasonable belief that the victim has consented.”
The main difference is that rape, in a wider sense, refers to when sexual activity proceeds without full permission. However, statutory rape is the case even if consent from a minor was given. Even with consent, the minor is deemed too young to understand their decision and potential repercussions.
What Is The Minimum Sentence For Statutory Rape?
Each case will, of course, have its own situational factors which will impact the length of a sentence. However, the minimum amount is four years. This can be extended to life imprisonment in more critical cases, which is often the case if the child is younger, the type of rape act and other associated criminal activity. Alongside the time spent in prison, the length of time that a criminal record lasts is also seen as a further punishment as it will mean that offenders are still known for their actions in certain situations. This can make it hard for them to secure jobs or live in certain areas, with the purpose being to keep children safe.
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.
How Long Does A Statutory Rape Investigation Take
The type of case and support evidence will all impact the time that an investigation can take. However, generally speaking, these tend to last between a few months and a year. It should also be noted that even though police can only keep someone in custody for a maximum of 96 hours, the offender may be determined too dangerous to leave between that and a trial, so the period may be spent in another form of detention. A few examples of factors that can determine the time of a case are as follows:
- If either party has a valid reason not to attend court at a certain time or if someone fails to cooperate with the case.
- The location and timing of the offence will also have an impact.
- The quality of evidence and how much of a case can be built.
- If there are more than two people involved, the matter also becomes more complex, meaning that infestation times will proceed longer.
In the UK, the Human Rights Act 1988 states that “Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law”. When it comes to determining the outcome of a statutory rape case, it is the evidence-gathering stage which decides this.
Below we have included a list of the forms of evidence that are used within a statutory rape case, as understanding this is a big part of comprehending what the offence is.
Physical And Medical Evidence
This includes anything that has DNA on it such as clothing and other fabrics. Also included are medical records especially so if the victim attended a place straight away to report an injury.
Testimonies
Eyewitness accounts not just of the incident itself but also surrounding the relationship between the victim and the offender are also important. This could be someone in the same setting, such as at a school, or even someone who just knows one of the people but who can provide character statements. Furthermore, expert testimonies are also included. This is from a forensics expert who has assessed either physical or mental factors as evidence.
Alibis are also included within this if the accused offender is creating a case to fight the charges.
Electronic Evidence
This includes anything including texts, social media messages or call logs. Whilst a police offer is not legally allowed to make someone unlock their phone, if being used as evidence in a criminal trial information and media can be accessed.
Why Choose JD Solicitors To Support With Statutory Rape Cases?
After reading this article, you should now feel more informed about what statutory rape is. This serious crime is, unfortunately, one that continues to impact both genuine victims and wrongfully accused offenders every day, which is why finding the right legal support is essential. At JD Solicitors, our experts can build compelling cases based on your situation to help you receive a positive result for your case.
Alongside the support we offer for statutory rape, our expert team also has many other specialisms, including the law around paedophile hunters, indecent exposure laws, voyeurism offences and much more.
Our services go beyond the prima facie of a crime case to get the fine detail. Contact our team now to learn more.
