A rape conviction can carry a very severe penalty and destroy your reputation. Richard Freeman (AKA Mr. Technicality) of Criminal Defence Solutions is a leading criminal defence Solicitor Advocate in Scotland who can really help. The circumstances of alleged rape incidents vary greatly and on many occasions, there is scope for significant misunderstandings, regret of previous consensual choices as well as possibly deliberate false claims by an alleged victim.
If you have been charged with rape, it is imperative that you immediately seek expert legal advice from a Scottish Law Firm with a solid background defending rape and serious sexual assault cases. Richard Freeman has dealt with many thousands of cases spanning a very successful 30 year career. His legal counsel is often sought by his peers and he has successfully represented many high profile clients and been able to keep their details out of the media. His cross examination prowess in the courtroom is second to none.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
Our expertise in defending rape allegations have saved numerous innocent clients from having their lives ruined. Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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Prior to the commencement of the Sexual Offences (Scotland) Act 2009, rape was defined as the carnal knowledge of a woman by a man without her consent. It was a defence where the accused had a reasonable belief that the female was consenting. This law still holds good for offences committed prior to the commencement of the 2009 Act.
Section 1 of the Sexual Offences (Scotland) Act 2009 now re-defines rape in a much broader sense. Rape can be committed by intentional and reckless penile penetration of another, not only of the vagina, but also of the anus and the mouth, where there is no consent of the other. In respect of penile penetration of the anus and mouth, this definition is extended to include both male and female victims.
For any such penetration to be an offence, not only does thererequire to be alack of consent of the other, no offence is committed where the alleged perpetrator has a reasonable belief that the other man or woman has consented throughout the act later complained about by them.
Although an accused has to intimate a defence of consent to the court in advance of the trial, the Crown will require to prove a lack of consent, or the lack of any basis for a reasonably held belief by the accused that the alleged victim had consented throughout.
It is not enough for the Crown to prove that the accused's belief of consent was erroneous, it also has to prove the absence of any reasonably held belief.
It may well be the case that a jury will want to hear from an accused about why he formed a reasonable belief that someone was consenting to the sexual activity when in fact they had not.
Indeed section 16 of the Act provides that the court has to have regard to whether the accused took any steps to ascertain whether there was consent, in determining whether their belief was reasonable.
Rape is an extremely serious offence which is prosecuted only in the High Court and carries long prison sentences if convicted. A conviction invariably leads to a lengthy prison sentence and a requirement to comply with the notification provisions, known as the Sex Register. The maximum sentence available to the court is life imprisonment.
The sentence will vary depending on the nature and extent of the sexual act, how violent it was, whether the parties knew each other, and if so in what capacity. It will also depend upon whether the rape was planned, ie predatory,or spontaneous, and the age of the accused and the victim, and if the accused has any previous convictions.
This area of law is complex, as are the evidential requirements, but an expert solicitor in this field can easily navigate their way through the prosecution case and discuss with you the best strategy relevant to your particular set of circumstances.
We at Criminal Defence Solutions have the technical expertise to challenge the crown case, and the ability to imaginatively question the evidence produced by the Crown. We have as part of our team forensic experts who can examine DNA evidence and examine any injuries that are alleged to have been sustained by the victim. Often forensic evidence is equivocal in nature, and does not necessarily have the inferences attached to it that the Crown would suggest. Our experts can challenge this evidence and often give evidence in court to that effect.
It is important to protect yourself at an early stage, and to seek advice, prior to being interviewed by the police. You should also ensure any evidence that may support your defence is secured at the earliest opportunity. Indeed often we are able to persuade the Crown to drop the proceedings before it gets to court.
We at Criminal Defence Solutions will make sure everything is done right to protect your interests. Should your case require to proceed to trial, we have the resources to secure the best result for you.
Penalties for rape are very severe. If you have been charged with comitting rape or any sexual offence, it is imperative that you obtain competent and expert legal advice as fast as possible. This is a highly specialised area of the law and selecting the right Solicitor Advocate is vital.
Don't delay! You can Contact us by form or by phone on 0800 567 7810 to find out what can be done.