Sexual offences
Rape
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
This page is England & Wales law (Sexual Offences Act 2003, s.1). Scotland uses a different framework (Sexual Offences (Scotland) Act 2009). Northern Ireland has its own sexual offences legislation.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Intentionally penetrates the vagina, anus or mouth of another person with his penis; the other does not consent (SOA 2003, s.1(1)).
Mens rea
- Intention as to the penetration.
- Does not reasonably believe the other consents (s.1(1)(c), (2)). Sections 75 and 76 presumptions can apply.
Defences
Consent, or a reasonable belief in consent · Deny penetration / identification
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: 4–19 years' custody.
At the police station
Indictable only. We want a solicitor on the call. Disclosure is usually staged; ABE and digital material are often incomplete at first interview.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For rape we want a solicitor on the call: charging, bail and disclosure are high-stakes.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗