Sam Stein QC
“Get a top rape barrister on your side from day 1”
Rape is typically considered to be the most serious of sexual offences, and it is the non-consensual penetration of another person’s mouth, vagina, or anus. Cases can be complex, highly emotive, and drawn out, especially where the outcome of the case rests on the question of whether consent existed, or whether the accused could rightly believe that consent existed. It is this question of consent that is the principle question in most cases of this type, and it is here that cases are usually won or lost.
There are certain instances where the courts will determine that consent was not given. If a person is physically or mentally disabled, and not able to give consent, then the court will usually determine that consent did not exist. Also, where serious threats of harm or the use of violence was used, then the courts will again determine that the attacker did not have consent, and did not believe that they had consent either.
The question of consent can be difficult to prove or disprove, and the prosecution, as well as the defence, may use communication between the two parties, as well as physical evidence, witness accounts, and additional evidence to draw a clear picture of the events in question. The case itself can be extremely challenging for all concerned, but it is important that a true outcome is reached.
The courts have the power to hand out considerable sentences to those that are found guilty of rape, but the actual sentence given should depend on a number of factors involved. Where physical violence is used, this will usually lead to a stronger sentence. Similarly, if the victim is considered to be vulnerable, or was under the care of the attacker at the time of the incident, then these cases usually conclude with the strongest possible sentences that the courts can give.
Unfortunately, false claims do happen, and the stigma of a rape accusation can be considerable. It is vital that you instruct a lawyer to fight your case, and that you involve them in the process as soon as possible, in order that they can help ensure the best possible outcome from your case.
R v P- successfully defended a series of rape allegations alleged to have been committed with the context of a violent marriage.
R v D – historic homosexual rape allegations successfully stayed as an abuse of the courts process.
R v P – successful defence of a series of alleged ‘revenge’ rapes of very young children.
R v M – incest case historic allegation suggesting very long-term rapes of the defendants own children.
© 2014 Sam Stein QC