FACTS & MYTHS Pg. 1
STRANGER DANGER
Get aquainted with the facts about rape
“Juries very often take decisions in rape cases irrespective of what the law says. They look at the people involved and they say, ‘Do I think it happened?’ The law is not really of any great consequence to them.”
- Lord Campbell-Savours
Juries are made up of members of the public. Members of the public means you!
So what do you really know about rape? What are the myths, and more importantly, what are the facts?
The Facts
1. Section 1 of the Sexual Offences Act 2003 provides the current definition of rape.
(1) A person (A) commits an offence if:
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetrations, and
(c) A does not reasonably believe that B consents
2. This 2-fold test means a prosecution lawyer must prove;
- Actus Reus (The Guilty Act)
That the defendant committed the act of rape (as outlined in the law) and;
- Mens Rea (The Guilty Mind)
That the defendant knew the victim was not consenting
If the defendant can be shown to have reasonably believed the victim consented to sex then he must be acquitted even if the victim did not actually consent. (see case study).
3. Any person found guilty of this offence may be imprisoned for life.
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A survey conducted by this website asked a number of people what they think they know about rape and the law…