What’s the Difference Between Rape and Sexual Assault
Whilst both being extremely serious allegations, an incident in which rape or sexual assault is alleged to have taken place can have serious consequences on the accused. But are both charges dealt with in the same way?
In a legal sense, what’s the difference between rape and sexual assault? Today’s blog will explore this.
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What distinguishes rape from sexual assault
According to the CPS, rape and sexual assault can be defined as the following:
“A rape is when a person uses their penis without consent to penetrate the vagina, mouth, or anus of another person. Legally, a person without a penis cannot commit rape, but a female may be guilty of rape if they assist a male perpetrator in an attack.
Sexual assault is where one person intentionally touches another person sexually without their consent. The touching can be done with any part of the body or with an object.
Assault by penetration is where a person intentionally penetrates the vagina or anus of another person with any part of their body or an object without that person’s consent. The penetration has to be sexual.”
Regardless of the label of the assault suffered, it is extremely important to remember that a victim will likely be in a state of shock as the bare minimum. When dealing with accusations, you must always be patient and ensure that the information being conveyed by the victim is as clear as possible.
If someone is confiding in you about SA, you should encourage them to tell the authorities immediately.
How are people charged with rape or SA?
The UK criminal justice process can be broken down into three main stages: pre-trial, trial, and post-trial. Here’s a simplified explanation of what happens at each stage:
Pre-Trial:
- Reporting the Crime: Anyone can report a crime to the police by calling 999 in an emergency or 101 for non-emergencies. You can also report online.
- Investigation: The police will investigate the crime, gather evidence (including witness statements and forensic evidence), and interview suspects. They may decide to arrest and detain the suspect for questioning.
- Charging: Depending on the severity of the offence, the police, or the Crown Prosecution Service (CPS) will decide whether to charge the suspect. The CPS reviews the evidence and decides if there is a “realistic prospect of conviction” and if it is in the “public interest” to prosecute.
- Pre-trial Hearing (Optional): In some cases, there might be a pre-trial hearing to discuss the charges and evidence. The defendant can enter a plea at this stage (guilty or not guilty).
Trial:
- Court Appearance: The defendant will appear in court, either a Magistrates’ Court for less serious crimes or the Crown Court for more serious offences.
- Plea: The defendant will be asked to enter a plea (guilty or not guilty). If they plead guilty, the judge will proceed to sentencing.
- Trial (if not guilty): If the defendant pleads not guilty, a trial will take place. The prosecution will present their case, followed by the defence. The judge or jury will then decide on guilt or innocence.
Post-Trial:
- Sentencing (if guilty): If the defendant is found guilty, the judge will consider various factors before deciding on the sentence. This could include a fine, imprisonment, community order (rehabilitation program), or a combination.
- Appeal (Optional): Both the prosecution and the defence can appeal the verdict or sentence.
With any case, you must remember that…
- The defendant has the right to legal representation throughout the process.
- The burden of proof lies with the prosecution to prove the defendant’s guilt beyond a reasonable doubt.
- The process can take weeks, months, or even longer depending on the complexity of the case.
Can you be falsely accused of a SA crime?
Unfortunately, yes. In some instances, there are false accusations put towards an individual. Being falsely accused of a crime in the UK can be a stressful and damaging experience. Here’s what you can expect:
During the Investigation:
Cooperate with the Police, it’s important to be polite and cooperative with the police while asserting your innocence. However, you are not obligated to answer questions that might incriminate yourself.
Furthermore, you should seek legal advice. A solicitor or barrister can advise you on your rights and the best course of action. They can help you understand the investigation process, prepare for police interviews, and gather evidence to support your alibi or refute the accusations.
Maintain a record. Keep a record of all interactions with the police and legal system, including dates, times, and details of conversations.
If Charged:
- Plea: If charged, discuss the situation with your lawyer and decide on a plea (guilty or not guilty). In a false accusation case, you’ll likely plead not guilty.
- Defence Strategy: Build your defence with your lawyer. This may involve gathering witness testimonies, alibis, or any evidence that disproves the allegations.
Defence Strategies:
- Alibi: If you have a solid alibi that places you elsewhere at the time of the alleged crime, this can significantly help your case.
- Witness Testimony: Witness accounts that contradict the accusation can strengthen your defence.
- CCTV Footage: Security camera footage from the time and location of the alleged crime could be helpful if it exonerates you.
- Expert Evidence: In some cases, expert witnesses can provide testimony to support your case.
Court Process:
- Trial: If you plead not guilty, a trial will be held to determine your guilt or innocence. The prosecution must prove your guilt beyond a reasonable doubt.
- Outcome: If found not guilty, the charges will be dropped. However, the damage of being falsely accused may not be fully erased.
Post-Trial:
- Limited Options for Recourse: While there aren’t specific legal mechanisms to sue for false accusations, you might consider defamation lawsuits if the accusation demonstrably damaged your reputation, but legal advice is crucial here.
- Moving Forward: Rebuilding your life after a false accusation can be challenging. Consider seeking support groups or therapy to deal with the emotional impact.
Never forget that the UK legal system operates on the principle of “innocent until proven guilty.” . The burden of proof lies with the prosecution to prove your guilt. While proving someone made a false accusation can be difficult, you can discuss options with your lawyer in specific situations.
Find a solicitor today
Facing Criminal Charges? JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced lawyers has extensive experience defending clients against a wide range of criminal accusations.
We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.
We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.
For immediate advice, call us at 01902 943726.
