Petition for more Rape Cases to be Prosecuted - What Could This Mean for the Accused?
Petition to Encourage the CPS to Prosecute More Rape Cases
BBC News have reported that petitions are taking place calling for the Crown Prosecution Service (CPS) to increase their prosecutions for domestic and sexual assaults, including the most serious sexual offence of rape. The public supporting this petition are asking that where the case is one word against another, and where the evidence of the complainant is consistent, the CPS should be prosecuting more, and the jury should be left to decide, but what would this mean for the accused?
The Current Investigative Procedure
Disclosure of the allegation
When an allegation of a sexual or domestic assault is made the police will take an initial account from the person making the complaint, referred to as the complainant. They may also speak to any disclosure witnesses, these are people the complainant may have disclosed the alleged offence to. Disclosure witnesses are important to the police, they will hope that these people will add credibility to the complainant's account and in turn making it more likely that they are telling the truth.
Arrest of the Accused
Once the police have gathered the initial information from the complainant, they are then likely to arrest the suspect, and in addition seize any items that are potentially of evidential value such as, and most commonly, mobile phones. An arrest isn't always necessary so it is important your lawyers consider the lawfulness of any arrest as part of their advice to you.
Accused's Interview
When the suspect is arrested they will be taken to the police station for
interview. Having representation with you during this interview is crucial. Prior to the interview your lawyers will obtain pre-interview disclosure from the police and will hold a private meeting with you, prior to the interview to explain this, explain the law, the strength and weaknesses of the evidence at that stage, and then advise you of the most beneficial way for you to respond to the questions in interview.
Your interview may lead the police to explore further lines of enquiry, maybe you have raised an alibi and they are required to speak to that person, you may have mentioned CCTV in a particular area, or messages on your phone that contradict the complainant's account. The police have a duty to carry out a fair and balanced investigation, exploring reasonable lines of enquiry for both the complainant and the suspect and your lawyers should be pro-active in ensuring this is being done.
Police Investigation
The police have now spoken with both the complainant and the accused, there are various other lines of enquiry which may arise during the investigation and here are a few examples of those:
Forensic examination of electronic equipment
This can take a number of months, there are huge
forensic
backlogs nationwide and we experience this as the most common reason for our client being repeatedly re-bailed. Equipment to be examined may include mobile phones, computers, iPads and cameras.
The police may have also seized CCTV footage which requires enhancements and examination, this would be carried out by a forensic expert in CCTV.
Medical examinations
The complainant may undergo medical examination by a doctor or nurse, if this is required it would usually be done when the allegation is made to ensure that forensic opportunities are not lost.
Third party material
If the complainant or the accused has raised the possibility of their being other material out there to assist then the police may, if it is reasonable to do so, obtain this. Third party material may include:
Social Services records
Mental Health records
Medical Records
School reports
Witness statements
Further interviews
The accused and the complainant can both be interviewed by the police at any stage during the investigation, if the need to ask questions or clarify information arises.
Early Advice from the CPS
In complex cases the police may seek early advice from the CPS during their investigation and therefore the accused may be told that their case has gone to the CPS. The purpose of early advice is for the CPS to consider the material gathered by the police to date and to advise the police on any other lines of enquiry that should be taking before they can adequately apply the Full Code Test, which is the test that determines whether the accused is to be charged with an offence. The CPS will usually send the case back to the police with an action plan which suggests further enquiries to be made, the action plan must then be completed by the police.
When the recommended enquiries are made the police will submit the case back to the CPS for a charging decision to be made.
The CPS Charging Decision Process
Every allegation of rape that is referred to the CPS by the police is dealt with in accordance
with the
Code for Crown Prosecutors. The Code gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions. It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. A finding of guilt can only be made by a court.
Rape is an extremely serious offence and when cases are referred to the CPS by the police they are carefully reviewed by experienced lawyers working in specialist Rape and Serious Sexual Offences (RASSO) units.
Prosecutors must only start or continue a prosecution when the case has passed both stages of the Full Code Test:
Stage 1:
The Evidential Stage.
Considerations at this stage are:
Can the evidence be used in court - there are special rules which relate to evidence and the evidence can only be used if it is admissible.
Is the evidence reliable
Is the evidence credible
Is there any other material that may affect the sufficiency of evidence.
Stage 2:
The Public Interest Stage. Considerations at this stage are:
- How serious is the offence alleged
- What is the level of culpability of the accused
- What are the circumstances and harm caused
- Accused's age maturity at the time
- What is the impact on the community
- Is prosecution a proportionate response
- Do sources of information require protection
In most cases prosecutors should only consider whether a prosecution is in the public interest after considering whether there is sufficient evidence to prosecute. However, there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution. In these instances, prosecutors may decide that the case should not proceed further.
If the offence is so serious and an urgent charging decision must be made, the CPS will not have the required information before them to meet the Full Code Test and they will therefore apply the Threshold Test. This allows the CPS to make quick charging decisions.
Having applied the test, reviewed all information the CPS will make a charging decision, they will determine what offences the accused will be charged with.
The Accused
Whilst the above is taking place the accused is usually subject to police bail and has been waiting anxiously for decisions to be made. However, there is no requirement for the accused to just sit and wait, being pro active with your legal team can make a huge difference as to whether you are charged or not, if we can build your defence and support this with evidence why wait to do this at court?
At Eventum Legal we are very much in favour of engaging with the police and CPS during the investigative stage, and taking a no stone unturned approach when our clients are accused of an offence, key benefits to our involvement during the police investigation are:
- You are protected, we take over all correspondence with the police so your legal interests and rights are safe.
- Our support and advice during what can be a lengthy and taxing procedure
- We represent you at all police station interviews
- Liaise with the CPS and the police to raise evidential weaknesses and potential lines of enquiry that will assist you
- Take witness statements on your behalf
- Obtain character evidence relating to both you and any witnesses involved, including the complainant
- Prepare and submit written representations to the CPS where it is in your best interests to do so.
Will the CPS change their approach to charging rape suspects?
The push for prosecutions of sexual offences and offences arising from domestic violence to be increased is not new. For many years there have been concerns around the falling number of such prosecutions but the Code for Crown Prosecutors does set out a robust process that we can only trust to be applied correctly and fairly.
In recent years police forces have changed their approach to investigating such offences for example; West Midlands Police said it had set up Operation Soteria to transform the way in which sexual offences were investigated.
Unfairly to suspects the approach of the police is that sexual assault complainants must be believed and encouraged to come forwards, always leading to the suspect being investigated which in itself is enough to destroy their lives and lives of those around them, regardless of whether the case gets to court. However, the decision to charge a suspect with such serious offences is not that of the police, and if the CPS can be satisfied that despite what the complainant is saying there are clear issues and evidential difficulties so much so a jury could not be expected to convict the accused, then they must not charge the suspect.
How We Can Help?
Pre-charge engagement
between your lawyers and the police is key in such cases. The government and CPS encourage pre-charge engagement as it can prevent cases going to court unnecessarily and costing the tax payer and wasting court time. Our lawyers are not afraid to challenge the police, we put our clients first to ensure they are being treated fairly, that they are heard and that their defence is advanced strongly. We have witnessed the positive affect of pre-charge engagement and representations, leading to very serious allegations being no further actioned, which without our involvement could have easily been charged.
If you, a family member or friend has been accused of a domestic or sexual offence contact our lawyers
today and we can work with you to put an action plan in place
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
