There is no crime as heinous as rape and it just devastates the person who becomes the victim of the crime. It is an offence that should be punished profoundly and there are enough provisions in the English Law against the rape. First of all, we will discuss the legal definition of the rape according to the Sexual Offences Act 1956. Rape is defined as any non-consensual intercourse performed by a person with another person, either male or female through vaginal or anal. However, you need to understand that it does not include any non-consensual oral sex. When It comes to defining rape, there are many situations we need to understand and the lack of consent is something that needs to consider. Also, the submission due to fear is also a circumstance that the court need to take into account. Moreover, If the defendant tells to the court that the victim had given consent, it is still a defense.
When such crimes happen, it directly affects the psyche of the victim to a great extent. It is something that a victim cannot overcome as it directly affects victim’s conscience and self-being. Even if the victim gets justice from the court and the system, there is no doubt that the victim’s life will not be the same. The mental trauma that the victim goes through cannot be defined or expressed by merely mincing words. The victim should be taken care of by their closed loved ones and should be given mental support so that he or she can gather courage to fight and live.
Here, the prosecutor will consider all the evidences gathered at the scene of crime and the jury will decide whether the victim agreed for the sexual relation or not.
Why it is always difficult to prove the rape?
Generally, it is seen that when rape happens, there are no witnesses apart from the witness and hence, it becomes very difficult to prove the rape. A victim has to submit enough evidences to the court to prove that he or she was raped. The first and foremost thing you need to do is to hire a lawyer which can be made through the Solicitors Guru platform, one of the finest databases of expert and experienced solicitors. A prosecutor will ensure that enough evidences are presented in the court to convict the criminal. Also, when a victim presents evidences in the court, it is the duty of the prosecutor to justify the reliability and credibility of those evidences. It should be done in a sensitive and careful manner.
What is the role of the police department in evidence gathering?
Police officials always support the prosecutors in gathering enough evidences to convict the guilty. From medical and scientific evidences, video and audio footage including CCTV footages, eyewitnesses to other evidences, police officials submit all the evidences to the court. Sometimes it may happen that the prosecutor fails to prove that the person is guilty and in this case, the jury too has to relieve the person who was charged. Hence, it is advised that you hire a lawyer on the winning condition – discover more with no win no fee explanation article.
It is advisable that you gather all the scientific and forensic evidences as soon as possible to ensure that you have that competitive advantage over defenders.Read More