Rape and sexual assault - Cheshire Constabulary

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.