Rape in Scotland

If you are facing a rape allegation you should not hesitate to speak to a specialist sexual offences solicitor – early representation from an expert could mean the difference between a conviction and an acquittal.

Expert Rape and Sexual Offences Solicitors in Glasgow, Scotland

Even accusations of rape can have a damaging effect on your reputation; it is important therefore that your case is handled carefully and sensitively by an experienced solicitor. If you are facing a charge of rape, get in touch with us straight away on 0141 336 2020 or fill out our online enquiry form.

The Definition of Rape

The key piece of legislation on sexual offences in Scotland is the Sexual Offences (Scotland) Act 2009. The Act deals with a myriad of offences, including rape, sexual assault, sexual exposure and voyeurism. The Act recognises that both men and women can be raped.

The Act defines rape as occurring,

“If a person (“A”), with A's penis—

(a) without another person (“B”) consenting, and

(b) without any reasonable belief that B consents,

penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape.”

Consent in Rape Cases

From this definition, it is clear that one of the key issues in prosecuting rape is lack of consent. Rape occurs if ‘B' does not consent, and ‘A' has no reasonable belief that B consents.

Consent is defined in the act as meaning ‘free agreement'. Free agreement is absent if B is incapable of consent because of the effect of alcohol or any other substance. A person is also incapable while asleep or unconscious of consenting to any conduct. Consent can also be withdrawn at any time. Consent is often the crucial issue in rape trials, and it is important that your solicitor has a strong understanding of the law in this area.

‘Reasonable Belief’ in Rape Cases

The definition of rape also requires that A has no reasonable belief that B is consenting to sexual penetration. The Act states that, in determining if a belief is reasonable, regard is to be had to whether the person took any steps to establish whether there was consent and if so what those steps were. Again, this can be a crucial issue in rape cases, and it is vital that your solicitor is experienced in this field.

Contact our Rape and Sexual Offences Lawyers in Glasgow, Scotland

The criminal defence solicitors at Keith Tuck are highly experienced in sexual offence cases and are well accustomed to the handling of highly complex and sensitive cases, including rape. We are familiar with the issues around consent and reasonable belief and have significant experience in managing large amounts of evidence.

We offer our services to both privately funded and Legal Aid clients. As criminal defence solicitors, we understand you may need our advice outside regular office hours, which is why we operate a 24 hour, 7 days a week service. We operate in Glasgow and the surrounding areas. Call us today on 0141 336 2020 or contact us via our online contact form. Our expert, professional team are on hand to assist you in presenting your best case.

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