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Rape Solicitors in London

Specialist London Solicitors in Rape cases

At MFI Law Limited we have the expertise in representing clients charged with rape. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

The definition of rape is set out at Section 1 of the Sexual Offences Act 2003 which states that:

  1. A person (A) commits an offence if—
    1. he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
    2. B does not consent to the penetration, and
    3. A does not reasonably believe that B consents.
  2. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Statutory definition of consent

Section 74 of the sexual offences Act 2003 defines consent as ‘if he agrees by choice, and has the freedom and capacity to make that choice’.

The question of capacity to consent is particularly relevant when a complainant is intoxicated by alcohol or affected by drugs.

In R v Bree [2007] EWCA 256, the Court of Appeal explored the issue of capacity and consent, stating that, if, through drink, or for any other reason, a complainant had temporarily lost her capacity to choose whether to have sexual intercourse, she was not consenting, and subject to the defendant's state of mind, if intercourse took place, that would be rape. However, where a complainant had voluntarily consumed substantial quantities of alcohol, but nevertheless remained capable of choosing whether to have intercourse, and agreed to do so, that would not be rape. Further, they identified that capacity to consent may evaporate well before a complainant becomes unconscious. Whether this is so or not, however, depends on the facts of the case.

Sentencing guidelines for Rape

Maximum Sentence: Life imprisonment

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