Rape and Sexual Assault - the legal definition
The definition of rape changed following the implementation of
the Sexual Offences Act 2003 which came into effect on 1st May
2007.
The Act extends the definition of rape and for the first time
defines the meaning of the word “consent” - a person consents if he
or she agrees by choice and has the freedom and capacity to make
that choice. The law does not require the victim to have resisted
physically and ultimately it is up to the jury to decide whether
the victim consented.
A full copy of the Sexual Offences Act 2003,
and an explanatory note can be found on the Office of
Public Sector Information website.
Spotlight: Detective Constable Mark Naylor works in CID and is
a Specially Trained Officer
He said: “My role centres on finding out what has happened and I
deal with the investigation of amongst other things rape and sexual
assaults. Being a Specially Trained Officer means that I have
specialist training in the investigation of rape and will often be
the first officer to speak at length to a victim of rape.
“Specially Trained Officers like myself ensure that we have the
experience and the right skills to deal with what can be a very
difficult and sensitive investigation. One of us will be available
at all times to provide advice to other officers or to attend one
of the specialised facilities to support a victim and advise on how
to take the matter forward.”
The hurt and trauma victims feel in cases of rape and sexual
assault makes the Force Medical Examiners role that much harder. To
preserve any evidence left by the offender the Medical Examiner
needs to be thorough in their examination. This examination will
provide the police with evidence which when combined with the
victims statement will form the basis for the case against the
person who has been arrested for the crime. In certain
circumstances the statement can be given in the form of a video
interview.
Mark added: “Although this is a difficult area of crime to
investigate, it can also be extremely rewarding when we make a real
difference to someone’s life at a time when they are going through
one of the most traumatic times they are ever likely to
experience.”
There are occasions where a historic rape is reported to
Cheshire Police which can refer to an incident that happened weeks,
months or even years ago. In these incidents the ability to
preserve forensic evidence is not available and the victim will be
seen by a Specially Trained Officer who will deal only with the
victim. Different officers are tasked with investigating the case
and locating the offender.
Mark said: “It is important if something like this happens to
you that come forward as soon as you can to allow the police to
gather as much evidence as possible against the person who did this
to you.
“We will support them and follow up any leads they give us. We
know it is traumatic for them and we respect that it is difficult
but the sooner they report what has happened to them the better
chance we have in bringing the perpetrator to justice.
“It is an extremely serious crime and it makes no difference if
the victim is a man or a woman. We’re here to help and we work
closely with others to get the kind of support victims need. Young
and old alike, man or woman, we will help them through the criminal
justice system to get justice for what has happened to them.”
Rape and sexual assault are one of the most serious of all
criminal offences. It can inflict lasting trauma on victims and
their families.
There is a general perception that most rapes are committed by
men against women and they are not known to each other. In fact,
the majority of rape victims are women and most know their
offender, although rape is an offence committed against men and
women.
Rape and sexual assault also has a devastating effect on
families of victims.
Cheshire Constabulary understands what really matters is how
victims are treated, their immediate needs, medical or otherwise,
are dealt with properly and sensitively and they know they have
been believed. Additionally, we will follow every possible line of
enquiry in an attempt to bring any perpetrator to justice.
We want to explain what will happen from the moment a person
contacts the police to report a rape or serious sexual offence –
from collecting forensic evidence, investigating a case, the
support victims receive through to how the court process works.
We are here to help victims of rape to feel confident in getting
a positive outcome from the criminal justice system.
Remember, if you have experienced any form of sexual assault or
violence at any time in your life, it is not your fault. The fault
lies with the person who abused you – the perpetrator.
Keeping yourself and your friends safe
- Arrange your transport to and from home before you go out for
the night.
- Make sure someone knows where you are going and what time you
will be home.
- Don't drink too much alcohol and keep an eye on the amount your
friends are drinking. Consuming large amounts of alcohol or taking
illicit drugs can make you vulnerable and could put you at risk of
a serious sexual offence, or rape.
- Don't let friends go off alone with someone, or do something
they wouldn't normally do. And don't get yourself into a situation
where you are isolated away from other people. Stay in a
group.
- Although drink spiking is extremely rare, don't leave your
drink unattended at any time and never accept a drink from someone
you do not completely trust.
- If someone attempts to engage you in sexual activity that is
unwanted, say no and make it clear that you do not give your
consent. Get away from the situation as soon as possible and tell
someone about it.
- If someone you know has been raped, you should encourage them
to report it to police straight away. Make sure to keep any
clothing and to not interfere with where the offence took place. Do
not wash themselves or any clothing to maintain any vital forensic
evidence.
- Remember, call 999 in an emergency. Anyone with information
about a crime can contact Cheshire Police on the non-emergency
number of 0845 458 0000. You can also call Crimestoppers
anonymously on 0800 555 111.
Rape myths
In Cheshire, we are challenging the myths and stereotypes
surrounding the offence of rape:
- Rape only occurs between strangers in dark alleys
- Victims provoke rape by the way they dress or act
- Victims who drink alcohol or use drugs are asking to be
raped
- Rape is a crime of passion
- If they did not scream, fight or get injured, it was not
rape
- You can tell if they “really” have been raped by how they
act
- Victims cry rape when they regret having sex or want
revenge
- Only gay men get raped/only gay men rape men
- Prostitutes cannot be raped
Prosecutors who deal with rape cases are taught about them as
part of their specialist training. The Crown Prosecution Service
will not allow these myths and stereotypes to influence their
decisions and will robustly challenge such attitudes in the
courtroom.
Crown Prosecution Service guidelines state that relationship and
acquaintance rapes should be treated by the courts as seriously as
stranger rape. Male rapes are as serious as those between a man and
a woman. All types of rape are equally serious.
Every inspection and review in recent years has agreed that in
the UK we have great examples of best practice and some of the best
training in the world available to those investigating rape
In recent years, significant advances have been made in the way
we approach investigation of this difficult offence, but despite
that, we agree that there is much more to do.