Rape and sexual assault

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.”