What To Expect During a Rape Trial
Being accused of rape
brings a variety of emotions for a person which can change intermittently from anxiety and fright through to frustration and anger. During a criminal trial for rape, the emotions are at an all time high for everyone involved but understanding what to expect and being prepared for your trial can alleviate some of the anxiety that is caused by the unknown. At Eventum Legal we pride ourselves on our client care, and the time we put into our client to make sure they are ready and feel supported for what can be a long and difficult process.
Which Court will a Rape Trial be Heard In?
Rape is what we refer to as an indictable only offence. This means it can only be tried in the Crown Court, therefore when a person has entered their not guilty plea in the Magistrates Court, the case will proceed to the Crown Court for trial. This will not happen straight away there are various steps in the trial preparation process that must be undertaken by the defence and the prosecution. When your trial will take place also depends on how busy the court is, defendant's can be waiting months and more recently years for their trial to begin.
Will I Need to Attend Court Before My Rape Trial?
Approximately 28 days after your first hearing you will be required to attend the Crown Court for a Plea and Trial Preparation Hearing (PTPH). At this hearing you will be required to enter your plea again to the charges alleged against you. Once pleas are received the Crown Court judge will give directions to the defence team and prosecution, these directions set a timetable for your case and provide us with dates to work towards when preparing your trial.
The judge will also set a date for your trial, and any other hearings they may feel are required, this can include the following:
Ground Rules Hearing. A ground rules hearing applies in cases where the CPS have applied for a hearing under section 28 of the Youth Justice and Criminal Evidence Act 1999.
A Section 28 hearing enables the recording of evidence and cross-examination to take place prior to trial, subject to judicial discretion. This is a special measure and prevents the complainant in a case from having to give live evidence at trial.
The purpose of the ground rules hearing is to set the rules for what questions can and cannot be asked of the complainant. The defence team will provide a brief idea to the judge of what questions we intend to ask beforehand, and they will be decided upon before the section 28 hearing.
Section 28 Hearing. This is the cross examination of the complainant at a hearing which takes before the trial. It is very common for this in cases which concern child sexual abuse. The hearing will take place sometimes months before the trial, and is done without a jury present. The questioning of the complainant is recorded and then this recording is played at the trial in front of the jury. The defendant has to attend the section 28 hearing, it is beneficial for them to do so in any event as it gives an idea as to how the complainant will appear to the jury and what evidence they give.
Pre-trial Review. Pre-trial reviews are common in cases of rape, particularly where there maybe be issues to address before the trial, or there has been a long period between the PTPH and trial. The purpose of this hearing is for the judge to review the case and ensure both parties are trial ready. This is a good way for the courts to ensure that the courts run smoothly and according to the timetable.
In addition to the above hearings, which are common when preparing for a rape trial, the court can list the case for hearings which are not anticipated at the beginning. These hearings can be requested by either party or the court if issues arise during the preparation of the trial.
Will I See The Complainant At My Trial?
If evidence of the complainant has been pre-recorded in a way explained above, then the complainant is unlikely to be at court. If the complainant is giving evidence in person, they will be kept in a special area of the court to avoid bumping into the defendant. In most sexual offence cases there will have been application for some type of “special measures” to be put in place for the complainant, which could mean that the complainant will be behind screens when giving their evidence, or via a live link from another room within the court.
Special measures are very common in rape trials, and although the first thought to the accused is the unfairness of a complainant not having to give evidence in front of a jury, it can actually be beneficial when the jury do not see the complainant in person for a variety of reasons.
What Will Happen On The First Day Of My Trial?
The first day of a trial can be quite slow. You will arrange to meet with your legal team before the court day starts, this will allow us to talk about any final questions you may have before trial begins, and to make sure you are ok.
The first task for the court is to get a jury of 12 people together to hear the case. In court those how have been called for jury service will be sat waiting to be selected. The court will invite around 18 jurors in to the courtroom and then 12 names will be selected at random, it is those 12 randomly chosen people who will determine the guilt of innocence of the accused.
The court will ask the jury whether they recognise the accused, and vice versa. If there are no issues, then the jury will take their seats and be told what the case is about. They will be provided of the names of witnesses in the case, including the complainant to make sure nobody knows them, they will be given the names of any specific places that may apply to the case to also ensure they are not in anyway associated with it. The jury will also be warned about discussing the case outside of court between them and to other, and also using the internet to research information about the case.
When the process of selecting a jury is completed, the prosecution will open the case and explain why the accused is being prosecuted and what they say their evidence proves. This can often be very difficult for the accused to hear, but it is important to remember that the defence case will also be presented during the second half of the trial.
The first witness to be called is usually the complainant. Their evidence will be presented in a way which has been agreed by both parties prior to trial.
Will I Have Time To Conference With My Legal Team Before and During My Trial?
Trials can be rather slow, with judges tending to give jurors plenty of breaks to ensure they are following the evidence and processing it. It is also important for the defendant to have breaks, listening to evidence particularly evidence going against you, can be mentally and emotionally draining. It is important you remain focused and in control throughout the trial.
The only time during your trial you will not be able to speak to your legal team is when you are giving your evidence. The judge will inform you of this should the court take a break during this time, our discussions with you can resume once you have finished.
At Eventum Legal we set time aside throughout the trial day to conference with our client, we hold conferences as often as possible and where the client requires them. However, we also appreciate that there are times when our client needs to break, and we encourage this to ensure they remain fresh, focused and mentally ready for the courtroom.
How Long Will My Trial Take?
The length of trials vary dependent on the amount of evidence that is likely to be heard. Usually a rape trial would be listed for five days, this does not mean the trial must be finished on day 5, the trial can conclude sooner or beyond the original estimated time. The court when listing a trial must take into account time for jury deliberations too.
Can I Go Home After Each Trial Day?
If you have been on bail
prior to your trial then there is no reason the court would remand you unless you breached that bail, breaches that are likely to lead to remand during a trial include interference with witnesses or failing to attend court. If you have adhered to bail, then you will be released at the end of each trial day on bail and expected to return the following day.
Why Choose Eventum Legal To Represent You at Trial?
Choosing a lawyer to prepare and defend you can be difficult, and at times feel overwhelming. When you speak to our team there is no pressure, we don't sell our service to you, there is no need. We hope that when you speak to our team you feel a sense of care and genuine commitment we have towards helping our clients.
We have an exemplary track record of exceptional trial preparation, taking a meticulous and no stone unturned approach to analysing and gathering evidence on behalf of our client. We will listen to you and work with you in turn giving you the confidence you require to attend your trial feeling ready and protected to fight for your innocence.
Our specialism in defending cases concerning rape and other sexual offences makes our service unique. We power our resources and staff training into this very area of law, giving you the advantage of having an experienced and highly knowledgeable lawyer fighting to protect you.
If you would like a free initial consultation where we can map out a plan of action for your case, then contact our friendly and non judgemental team. We are here to help you.
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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.
