Rape conviction rate.

Rape Investigations, Prosecutions and Victims’ Rights

Rape is a serious sexual offence. Investigations and prosecutions can be complex, particularly where the central issue is whether the complainant consented and whether the suspect reasonably believed that consent had been given. The police and Crown Prosecution Service must investigate and assess the available evidence fairly. They should not base decisions on myths about how a "genuine" victim is expected to behave before, during or after an assault. This guide explains the general law and procedure in England and Wales.

What Is Rape?

Under the Sexual Offences Act 2003, rape occurs where a person intentionally penetrates another person's vagina, anus or mouth with their penis where:

• The other person does not consent; and
• The person carrying out the penetration does not reasonably believe that consent has been given.

The offence can be committed against a woman or a man. Other forms of non-consensual penetration may amount to assault by penetration, which is also a serious offence and carries the same maximum sentence as rape.

What Does Consent Mean?

A person consents only where they agree by choice and have the freedom and capacity to make that choice. Consent must relate to the particular sexual activity taking place. Agreeing to one act does not mean agreeing to another, and consent can be withdrawn at any time. A person may lack freedom or capacity where, for example:

• They are unconscious or asleep;
• They are heavily affected by alcohol or drugs;
• They are threatened, frightened or coerced;
• They are unlawfully detained;
• They cannot understand the nature of the act;
• The suspect abuses a position of power or control; or
• The agreement was obtained through certain forms of deception.

Silence, lack of physical resistance or previous sexual activity does not automatically amount to consent.

Reasonable Belief in Consent

The prosecution must prove that the defendant did not reasonably believe that the complainant was consenting. The court will consider:

• Whether the defendant genuinely believed there was consent; and
• Whether that belief was reasonable in all the circumstances.

The steps taken by the defendant to establish whether the complainant consented can be important. A defendant cannot necessarily rely on an asserted personal belief where a reasonable person would have recognised that the complainant was not freely agreeing.

Consent Within Relationships

Marriage, civil partnership, dating or an existing sexual relationship does not provide continuing consent. A person is entitled to refuse or withdraw consent on any occasion. Previous consensual activity does not establish consent to a later act. Rape and sexual assault can therefore occur within a marriage or long-term relationship.

Reporting Rape or Sexual Assault

A rape or sexual assault can be reported:

• By calling 999 where there is immediate danger;
• By calling 101;
• At a police station;
• Through the police's online reporting service;
• Through a Sexual Assault Referral Centre; or
• With assistance from a support organisation or Independent Sexual Violence Adviser.

There is no general time limit preventing an historic rape from being reported. Cases can be investigated many years after the alleged offence, although delays may affect the evidence available. A victim can seek medical care and specialist support without immediately deciding whether to make a police report.

Sexual Assault Referral Centres

Sexual Assault Referral Centres, commonly called SARCs, provide specialist medical, forensic and emotional support following rape or sexual assault. Depending on the service and timing, they may offer:

• Medical treatment;
• Forensic examination;
• Emergency contraception;
• Testing or treatment for sexually transmitted infections;
• Collection and storage of forensic evidence;
• Safeguarding support;
• Access to counselling; and
• Help reporting the incident to the police.

A person may be able to have evidence collected and stored while they consider whether to involve the police.

The Police Investigation

The police may obtain:

• A detailed account from the complainant;
• A video-recorded interview;
• Medical or forensic evidence;
• CCTV footage;
• Messages, emails and social-media evidence;
• Telephone and location data;
• Witness statements;
• Evidence from the scene;
• Information about events before and after the alleged offence; and
• An interview with the suspect.

Rape cases do not always depend on DNA or physical injury. Many cases concern people who know each other and agree that sexual activity occurred but disagree about consent. The absence of injury does not prove that the complainant consented.

Investigating the Suspect's Conduct

Modern rape investigations should examine the suspect's actions and account rather than focusing disproportionately on the complainant's behaviour. Relevant questions may include:

• What steps the suspect took to establish consent;
• What the complainant said or did;
• Whether the complainant was asleep, intoxicated, frightened or otherwise vulnerable;
• Whether force, threats, pressure or manipulation were used;
• Whether the suspect's account changed;
• Whether messages or other evidence contradict the account;
• Whether there is evidence of planning or targeting; and
• Whether there are similar allegations or a wider pattern of behaviour.

Investigators must still consider evidence that supports or undermines both the allegation and the defence.

Digital Evidence and Personal Records

The police may ask to examine a complainant's telephone, messages, medical records, counselling notes or other private material. Investigators should not conduct an unlimited search into a victim's private life. Requests should be necessary, proportionate and connected to a reasonable line of enquiry. The complainant should be told:

• What information is being requested;
• Why it may be relevant;
• How it will be obtained and stored;
• Who may see it; and
• What may happen if access is refused.

Refusing an unnecessarily broad request does not automatically mean that an allegation is untrue. However, genuinely relevant material may need to be considered to ensure a fair investigation and trial. Specialist legal advice may be useful where extensive medical, counselling or digital records are requested.

How the CPS Decides Whether to Charge

The police normally refer appropriate rape cases to specialist Crown Prosecution Service prosecutors. The CPS applies the Full Code Test. It must decide:

• Whether there is sufficient evidence to provide a realistic prospect of conviction; and
• Whether a prosecution is required in the public interest.

Rape is a serious offence, so the public-interest stage will normally be satisfied where there is sufficient evidence. A realistic prospect of conviction means that an objective, properly directed jury is more likely than not to find the defendant guilty. It does not mean that conviction is guaranteed.

Cases Without Independent Witnesses

A rape prosecution does not require an eyewitness or a particular form of corroborating evidence. The evidence of one witness can be sufficient if a jury is sure of the defendant's guilt. Prosecutors may consider:

• The detail and overall reliability of the account;
• Messages and communications;
• Witness evidence about the surrounding circumstances;
• The suspect's interview and explanations;
• Admissions or inconsistent statements;
• Medical and forensic evidence;
• CCTV and location information; and
• Evidence of relevant conduct before or after the incident.

The case should be assessed as a whole rather than by looking for one decisive piece of evidence.

Myths and Stereotypes

Investigators, prosecutors and courts should not assume that:

• A victim will always report immediately;
• A victim will physically resist or suffer visible injuries;
• A victim will remember every detail consistently;
• A victim will avoid all contact with the suspect afterwards;
• Alcohol consumption amounts to consent;
• Previous sexual activity implies consent;
• A person in a relationship cannot be raped;
• A calm or unemotional account is unreliable; or
• A person who continued ordinary activities was not traumatised.

People respond to trauma in different ways. At the same time, the prosecution must prove the case through admissible evidence and the defence remains entitled to challenge that evidence.

If the Police or CPS Decide Not to Proceed

A decision not to charge does not necessarily mean that the police or CPS believe the complainant lied. It may mean that the available evidence does not satisfy the legal test for prosecution. The complainant should normally be told:

• Which organisation made the decision;
• The general reason for the decision;
• Whether further evidence could affect it;
• How to request a review; and
• What support remains available.

Victims' Right to Review

A victim may be able to ask the police or CPS to review a qualifying decision not to prosecute. The appropriate process depends on whether the decision was made by:

• The police before referring the case to the CPS; or
• The CPS after considering the evidence.

A review is not a new criminal trial. A different officer or prosecutor examines whether the original decision was correct under the applicable charging test. Requests should be made promptly because time limits and service standards apply.

Special Measures at Court

Complainants in sexual offence cases are automatically eligible to be considered for special measures designed to help them give evidence. These may include:

• Giving evidence from behind a screen;
• Giving evidence by live video link;
• Pre-recording the main evidence;
• Pre-recording cross-examination in qualifying cases;
• Giving evidence in private with the public excluded;
• Removing wigs and gowns;
• Using a communication aid; and
• Receiving help from a registered intermediary where necessary.

The court decides which measures are appropriate. The purpose is to improve the quality of the evidence, not to give either side an unfair advantage.

Sexual History Evidence

There are strict restrictions on asking a complainant about previous sexual behaviour. The defence generally requires thecourt'ss permission before introducing such evidence or asking related questions. Permission should be given only where the statutory conditions are met. The purpose of these restrictions is to prevent irrelevant or prejudicial questioning while preserving the defendant's right to a fair trial.

Anonymity

A person who alleges rape or another qualifying sexual offence normally receives lifelong anonymity from the time the allegation is made. Their identity must not be published in a way that is likely to identify them as the complainant. The restriction applies to newspapers, television, websites, and social media users. Breaching anonymity can be a criminal offence. The defendant does not automatically receive equivalent anonymity, although ordinary reporting restrictions or court orders may apply in particular cases.

Independent Sexual Violence Advisers

An Independent Sexual Violence Adviser, commonly called an ISVA, can support a victim whether or not the case reaches court. An ISVA may:

• Explain the criminal justice process;
• Help the victim communicate with the police and CPS;
• Provide updates and practical support;
• Assist with safety and housing concerns;
• Arrange access to specialist services;
• Support the victim during court proceedings; and
• Help with a Criminal Injuries Compensation Authority application.

An ISVA is not the prosecutor or thevictim'ss legal representative, but can provide continuing independent support.

Delays in Rape Cases

Rape investigations can take a considerable time because they may involve extensive digital evidence, medical material, third-party records and specialist review. Delays can be extremely distressing for complainants and suspects. The police and CPS should keep the victim informed about significant developments and explain substantial delays. A victim can raise concerns through:

• The investigating officer;
• The police force's victim-care service;
• An ISVA;
• The police complaints process;
• The CPS complaints process where appropriate; or
• The Victims' Commissioner or Parliamentary and Health Service Ombudsman in qualifying circumstances.

Support for Suspects and Defendants

An allegation of rape has serious consequences, and a suspect should obtain criminal defence advice immediately. A suspect has the right to free and independent legal advice at a police station. They should:

• Not contact or pressure the complainant;
• Comply with bail conditions;
• Preserve relevant messages, photographs and records;
• Not delete or alter digital material;
• Provide their solicitor with a complete account;
• Identify relevant witnesses; and
• Avoid discussing the allegation publicly or on social media.

Trying to influence a complainant or witness may result in further criminal allegations.

Criminal Injuries Compensation

A victim of violent crime may be eligible to apply to the Criminal Injuries Compensation Authority. A criminal conviction is not always required, but the incident should normally have been reported to the police, and the applicant must reasonably cooperate with the investigation. Strict time limits apply, although extensions may be available in certain sexual abuse cases or where exceptional circumstances prevented an earlier application. Compensation is assessed under a statutory tariff and does not replace a criminal prosecution.

Current Reporting and Prosecution Figures

Rape statistics must be interpreted carefully. The number of police-recorded offences is not the same as:

• The number of incidents occurring during that year;
• The number of individual victims;
• The number of suspects referred to the CPS;
• The number of defendants charged;
• The number of completed trials; or
• The proportion of prosecutions resulting in conviction.

Recorded offences can include historic allegations and cases that remain under investigation when annual figures are published. A conviction rate calculated only from completed prosecutions will be much higher than the proportion of all recorded allegations that ultimately result in a conviction. The two figures answer different questions and should not be presented as interchangeable.

Why Many Rapes Are Not Reported

Victims may decide not to report because of:

• Fear of not being believed;
• Shame, trauma or self-blame;
• Concern about family or community reactions;
• Fear of the suspect;
• A continuing relationship with the suspect;
• Concern about privacy or digital evidence;
• Previous negative experiences with authorities;
• Immigration, housing or financial concerns; or
• The anticipated length and difficulty of proceedings.

Support is available whether or not a report is made immediately.

Obtaining Legal Advice

A victim does not normally instruct the prosecution solicitor because the CPS prosecutes on behalf of the public rather than acting as the victim's personal lawyer. Independent legal advice may nevertheless be useful concerning:

• Police or CPS review procedures;
• Requests for medical, counselling or digital records;
• Complaints about the investigation;
• Human rights or public law challenges;
• Criminal injuries compensation;
• Employment, education or housing consequences;
• Protective injunctions; or
• A related civil claim.

A person accused of rape should contact a specialist criminal defence solicitor before answering police questions. To find a Criminal Law, Sexual Offences or Civil Liberties Solicitor, use the search facility at the top of this page.