Introduction
With actor Russell Brand’s trial entering its second week at Southwark Crown Court, many people may not actually understand the law and procedures around how a rape offence is tried in court, despite keeping up with the news surrounding the case.
Brand is facing seven charges relating to rape, sexual assault and indecent assault involving six women. He has pleaded not guilty to all seven charges.
This blog’s aim is to explain the process of rape and sexual assault trials, making clear the relevant law, the evidence considered by a jury, the stages of a trial, and possible sentencing outcomes.
What is Rape and Sexual Assault in UK Law?
When being tried in court for sexual offences it is important that the charges are clearly defined for the case to reach an appropriate outcome.
Rape is a criminal offence under s1 of the Sexual Offences Act 2003. It is defined as when a person (A) intentionally penetrates another person (B) with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents.
Sexual Assault is a criminal offence under s2 of the Sexual Offences Act 2003. It is defined as when person (A) intentionally touches another person (B) sexually, without B’s consent, and A does not reasonably believe that B consents.
What Evidence is Needed for a Conviction?
Gathering evidence for a sexual offence trial can be complex, as in many cases there are no independent witnesses, meaning there must be a focus on collecting reliable evidence for a fair trial to take place.
Witness Statement
The initial evidence that would be used in the trial would be the complainant’s detailed account of the situation and other witness statements if available. For cases involving sexual assault or children in the UK, often the Police will ask the complainant to give an ‘Achieving Best Evidence’ (ABE) statement. This statement is video recorded and if the case proceeds to trial, the video can be played in lieu of the complainant repeating their account. They will still be asked questions by the lawyer who represents the defendant (called cross examination).
Medical/Forensic Evidence
Medical and forensic evidence is another type of evidence which could be used in cases of this type and can be presented by the prosecution in support of their attempt to secure a conviction. This may include semen, saliva or other biological material alongside trace evidence such as fibres or hairs. In addition to DNA evidence on clothing, skin, bedding or other items.
Digital Evidence
Digital evidence has become more important in sexual offence trials. This includes, mobile phone communications, social media posts and interactions, CCTV footage and location data. This can help establish the circumstances surrounding the allegations which are being tried in court.
The Defendant’s Account
The defendants account and behaviour are also considered, with the defendant being allowed to challenge the prosecution’s case (through their lawyer) and present their own evidence.
Evidence provided for a trial must be reliable; it is assessed as a whole and does not rely on one aspect.
The Prosecution bears the burden of proving the charge to the jury, and the defendant does not have to prove their innocence. This means that if the jury is not completely sure of the defendant’s guilt, it must return a not-guilty verdict.
Stages of a Crown Court Trial
A Crown Court Trial can be broken down into several stages. If a defendant pleads not guilty to a charge, a jury of 12 members of the public, drawn from the electoral register, will be chosen at random to hear the trial.
The Prosecution’s Case
The trial will start with the prosecution giving their opening speech, outlining the case against the defendant. The Prosecution then provides what evidence they have to the court, including calling witnesses to give their accounts, who are examined and cross examined by the defence.
Depending on the complexity of the case and the volume of evidence, the time it takes for the Prosecution to present its case could take anywhere between a day and several weeks. In Russell Brand’s case, for example, given the number of complainants and complexities, we can expect the Prosecution’s case to last for several weeks.
The Defence’s Case
After the Prosecution has finished, the Defence will give their case. This is when the Defendant is given the opportunity to present their own account of the allegations, alongside any further witness statements or evidence. This will also be examined and cross examined by the prosecution.
Closing Statements
After both sides present their cases, they will make closing arguments to summarise their positions and highlight key evidence to the court. The jury then deliberates, considering all arguments and evidence presented by both the Prosecution and the Defence.
The Verdict
The jury must decide whether the Prosecution has proved the Defendant’s guilt beyond reasonable doubt or so the Jury is sure A unanimous verdict is preferred; however, the judge may after a period of deliberation has elapsed direct that a majority verdict can also be accepted.
In the case of a hung jury, the CPS may choose to retry the case with a new jury. A hung jury is when there is no majority and an overall verdict cannot be reached. Whether the CPS decide to conduct a retrial is dependant on the views of the complainant’s and/or any other interested parties.
How Are Sentences for Rape and Sexual Assault Determined?
If the defendant is found guilty, a sentence will be determined by the judge depending on the category of offence according to the guidelines laid out by the Sentencing Council.
The specific category of the offence is determined by two factors: harm and culpability.
Harm is determined by factors such as severe psychological/physical harm, threats of violence and/or abduction.
Culpability is determined by factors such as whether there was a degree of planning, whether the incident was an abuse of trust and/or whether there was previous violence against the complainant.
The court must also consider circumstances around the offence and offender. For example, if there are any aggravating factors, such as significant planning or repeated offending, the sentence may increase. Inversely, if there are any mitigating factors, such as an early guilty plea or genuine evidence of remorse, the sentence may be reduced.
What is the Sentence for Rape in the UK?
A rape conviction can carry a maximum sentence of life imprisonment in an exceptionally serious case.
The following table gives a general overview of the sentencing guidelines for rape:
| Culpability | ||
| Harm | A | B |
| Category 1 | Starting point: 15 years’ custody Category range: 13-19 years’ custody | Starting point: 12 years’ custody Category range: 10-15 years’ custody |
| Category 2 | Starting point: 10 years’ custody Category range: 9-13 years’ custody | Starting point: 8 years’ custody Category range: 7-9 years’ custody |
| Category 3 | Starting point: 7 years’ custody Category range: 6-9 years’ custody | Starting point: 5 years’ custody Category range: 4-7 years’ custody |
What is the Sentence for Sexual Assault in the UK?
A sexual assault conviction carries less severe sentences, with the maximum sentence being 10 years imprisonment for an exceptionally serious case.
The following table gives a general overview of the sentencing guidelines for sexual assault:
| Culpability | ||
| Harm | A | B |
| Category 1 | Starting point: 4 years’ custody Category range: 3-7 years’ custody | Starting point: 2 years 6 months’ custody Category range: 2-4 years’ custody |
| Category 2 | Starting point: 2 years’ custody Category range: 1-4 years’ custody | Starting point: 1 years’ custody Category range: High level community order – 2 years’ custody |
| Category 3 | Starting point: 26 weeks’ custody Category range: High level community order -1 years’ custody | Starting point: High level community order Category range: Medium level community order – 25 weeks’ custody |
Conclusion – What Determines the Outcome?
For a guilty verdict and any conviction to be reached, the Prosecution must prove the defendant’s guilt of each charge beyond reasonable doubt or so the jury is sure.
The jury’s role is to evaluate the evidence presented by both the prosecution and the defence, and the judge’s role is to ensure the trial proceeds according to the law. With the aim of the trial being to reach just decision based soley on the evidence that has been presented in court.
High profile cases such as the Russell Brand trial have brought these legal proceedings into the public spotlight. Understanding how our justice system approaches all aspects of a sexual offence trial is critical to understanding how allegations of this kind are dealt with under the law.
Are You Facing Charges of Rape and Sexual Assault?
If you have been accused of a sexual offence, you should get in touch with a specialist sexual offence defence solicitor as quickly as possible. Lawtons 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.
Reach out to a member of our team by calling us on 0333 577 0522 or fill out the form on our enquiries page.
