Section 1 of The Sexual Offences Act 2003 states:
A person commits an offence if he intentionally penetrates the vagina, anus or mouth of another person with his penis, and that the other does not consent to the penetration and the person does not reasonably believe that the other consents. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps that the person has taken to ascertain whether the other consents.
A person guilty of an offence under section 1, is liable, on conviction, to imprisonment for life. There are therefore four elements that must be proved by the prosecution, and are as follows:
- That the person intentionally penetrated the vagina, anus or mouth of another person. This is not confined to a female, and may indeed be by way of either sex, male or female.
- That the vagina. Anus or mouth was penetrated, even in the slightest or minimalistic manner by the persons penis.
- That the other does not consent. Consent is defined as a person who has the option and indeed the freedom and mental ability to accept the choice of agreement in a sexual act.
- That the other person does not reasonably believe that the other consents. It must be noted that section 1(2) states that whether a belief is reasonable is to be determined having regard to all the circumstances at the time, and what steps were taken, if any to ensure that consent was given.It is absolutely essential, that if arrested for Rape, an experienced Solicitor is engaged at the Police Station. The police interview is a critical and most important stage in the process of the allegation.
At Penman Sedgwick, the defence case is extensively prepared for trial.
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