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That the defendant engaged in sexual activity without consent

That the defendant did not reasonably believe there was consent

Proof beyond reasonable doubt

The Law



Relevant Legislation:

  • Sexual Offences Act 2003

Maximum Penalties:

  • Rape: life imprisonment

  • Sexual assault: up to 10 years’ imprisonment depending on severity

Key Legal Definitions:

  • Consent: agreement by choice, with freedom and capacity to decide

  • Sexual activity: includes penetration, touching, or other sexual acts

Rape & Sexual Assault Allegations

Rape and sexual assault involve non-consensual sexual activity or sexual contact with another person.
Cases often arise from police reports, complaints, or historical allegations. Early legal advice is essential due to the serious social and criminal consequences.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Immediate legal advice and representation during police interviews

  • Detailed review of evidence, communications, and forensic reports

  • Challenge consent, credibility, and identification issues

  • Representation in Magistrates’ or Crown Court

  • Tailored strategy to protect your rights and secure the best possible outcome

Common Evidence Used in These Cases

  • Victim statements and witness testimony

  • Forensic evidence including DNA and bodily fluids

  • CCTV or digital evidence (messages, emails, social media)

  • Expert evidence on consent or injury

Common Problems in Prosecution Cases

  • Reliance on uncorroborated statements

  • Misinterpretation of communications or behaviour

  • Procedural errors during investigation or interviews

  • Disclosure failures under CPIA

  • Misidentification or unreliable forensic evidence

Potential Defences

  • Consent was given

  • False accusation or mistaken identity

  • Lack of evidence or unreliable witness testimony

  • Procedural errors in investigation or disclosure

Sentencing and Possible Outcomes

  • Life imprisonment possible for rape; custodial sentences for assault vary

  • Mitigating factors may include early guilty plea, minor role, or lack of prior offences

  • Alternatives to custody are rare for serious sexual offences

  • Early and strong defence can significantly affect outcomes

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our team of lawyers have extensive 25+ years experience in all aspects of Criminal Defence and Family Law matters.

Success Rate


We are proud of our strong record in achieving favourable outcomes across London, Birmingham, Manchester, and the wider UK, from serious criminal cases to sensitive family law matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Get Legal Advice in Minutes

Speak to a Defence Solicitor Now

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