What constitutes rape in UK law?
Rape is defined as an incident whereby the following factors take place:
- Someone intentionally penetrates the vagina, anus or mouth of another person
- The victim does not consent to penetration
- The perpetrator does not reasonably believe the victim consents
The concept of consent is where rape allegations become complicated. For someone to consent, they must agree, by choice, to engage in the activity and have the mental capacity/ability to make their choice. For example, if someone is intoxicated or under the influence of drugs, they may not be able to make an informed decision.
It’s also important to note that the legal age for sexual activity is 16 years old in the UK, so anyone under the age of 16 is not capable of providing consent, even if they agreed at the time.
Types of rape offences
Although rape is a broad term that encapsulates all rape offences, different types of rape are categorised by the sexual acts committed.
- Statutory rape: when the victims are by law, unable to consent due to their age.
- Oral rape: when the offender penetrates the victim’s mouth, with their penis, without their consent.
- Anal rape: when the offender penetrates the victim’s anus, with their penis, without their consent.
- Corrective rape: when the act of rape is intended to ‘cure’ the victim of their sexual identity through penile penetration.
- Martial rape: when the victim is considered to be the offender’s spouse, but does not give consent to sexual activity.
Sentencing guidelines for rape in the UK
It’s difficult to offer an estimated timeline of the sentencing for rape because each case is unique, with various details impacting sentencing. On average, the prison sentence for rape is between 4 and 19 years, but it will vary from case to case.
Minimum sentence for rape
In the UK, there is no statutory minimum sentence for rape. Generally, sentencing for rape convictions starts from 4 years imprisonment. This sentence would only be given for category 3 offences and it is also very rare to receive such a short sentence, given that the majority of rape convictions also include some degree of harm or culpability.
Maximum sentence for rape
The maximum sentence for rape is life imprisonment. However, when using the term ‘sentenced for life’, it does not mean that someone will spend their whole life in prison. Instead, someone who is given a life sentence usually spends 15 years in prison. In these cases, the offenders will spend the rest of their lives on a life licence. This means they would immediately be called back to prison if they were to commit another crime.
What factors affect the sentence for rape?
When the Court is determining the sentence for rape offences, they take into consideration two main aspects; the harm caused to the victim and the culpability of the defendant.
The harm caused to the victim
The level of potential harm caused to the victim is one of the most influential factors when it comes to determining the length of sentence for rape offences. The following factors are examples of indicators of high levels of harm caused:
- Psychological or physical harm to the victim
- Abduction
- Offences resulting in pregnancy or a Sexually Transmitted Infection (STI)
- Acts of violence or threats of violence
- Additional degradation
Based on the above, harm caused to the victim is classified into three categories:
- Category 1: the extreme nature of one or more factors listed above
- Category 2: cases involving at least one of the factors above
- Category 3: cases involving no additional factors above
The culpability of the defendant
The court will also consider how culpable the defendant is when determining the length of the sentence. The following factors contribute to the case of the defendant’s culpability:
- The degree of planning
- Acting with other people to commit the offence
- Use of alcohol and/or drugs used on the victim
- Abuse of trust
- Recording the offence
- Previous violence against the victim
- Motivated by either race, sexual orientation or disability
When assessing the culpability of the defendant, cases will be categorised as either:
- Category A: one or more of the above factors are present
- Category B: none of the above factors are present
Once this has been established, the courts will take into account both harm to the victim and the culpability of the defendant to reach an appropriate penalty for that particular case.
Are there other consequences of a rape conviction?
If you’re convicted of rape, there are some additional consequences you may face along with the initial sentencing. This includes:
- Receiving a criminal record: having a criminal record means you will have to submit it in future job applications and housing applications, making life after your conviction more challenging.
- DBS checks: rape convictions will appear on your DBS, so if potential employers need to perform DBS checks, it might make it difficult to get hired in the future.
- Sex Offenders Register: if you are added to the Sex Offenders Register, you are legally required to inform the police in your local area within three days of your release.
- Sexual Harm Prevention Order (SHPO): this order can be used to prevent the offender from engaging in certain activities, such as not being permitted unsupervised contact with children under the age of 18.
Factors that might reduce the rape sentence
Several mitigating factors may reduce the penalty for rape charges. The judge must assess each case individually so takes the following aspects into account when deciding on the sentence:
- The defendant has no previous convictions or related convictions
- The defendant shows genuine remorse
- The defendant is young or lacks maturity
- The defendant suffers from mental disorders or learning disabilities
- The defendant’s actions were out of character
- The defendant has assisted in prosecution proceedings, such as identifying other suspects
How can Lawtons help?
If you have been accused of rape, you should get in touch with a specialist rape solicitor as quickly as possible. We have decades of experience dealing with these types of cases, so understand the importance of sensitivity and discretion during the legal process. We’ll help you throughout the entire process, determined to achieve the best possible
