[Omah]

Originally Posted by Shaun

I'd find it difficult to categorically say that any drunk 14 year old having sex is 'rape'... it's not even statutory since they weren't 18.

http://www.rapecrisis.org.uk/childsexualabuse2.php

What is the current definition of rape in law?

The Sexual Offences Act 2003 (the Act) came into force on the 1 May 2004. It repealed almost all of the existing statute law in relation to sexual offences. The purpose of the Act is to strengthen and modernise the law on sexual offences, whilst improving preventative measures and the protection of individuals from sexual offenders.

Under section 1(1) SOA 2003 a defendant, A, is guilty of rape if:

_ A intentionally penetrates the vagina, anus or mouth of B (the complainant) with his penis;

_ B does not consent to the penetration; and,

_ A does not reasonably believe that B consents.

The new offence of rape in section 1(1) SOA 2003 includes oral and anal penetration with a penis. This is a change from the previous law which was only concerned with vaginal penetration and used other offences to criminalise these forms of sexual violence (such as indecent assault). The person who commits the offence of rape must be a man (as the penetration has to be with a penis). However, both women and men may experience rape. If the penetration is with something other than a penis then the offence is assault by penetration

For the offence of rape to have been committed the defendant must have penetrated you without your consent, or continued to penetrate you after you withdrew your consent, and the defendant must not have reasonably believed that you were consenting.

It is not relevant what relationship, if any, a defendant has or had with you. Nor is it relevant if the act complained of occurred within a relationship. If the defendant intentionally penetrates with his penis the vagina, anus or mouth of the complainant without her consent where he does not reasonably believe in her consent the defendant has committed rape.

N.B. The wording regarding the law on our website uses the terminology that is commonly used in Law and legal proceedings. The offence of Rape (Sec 1(1) SOA 2003) can only be committed by a man; however, a woman can be charged with, or convicted of rape as a secondary party. For example, a woman may be convicted of rape where she facilitated (helped) a man who has raped another person.

The main provisions of the Act include the following:
•Rape is widened to include oral penetration
•Significant changes to the issue of consent and the abolition of the Morgan defence
•Specific offences relating to children under 13, 16 and 18
•Offences to protect vulnerable persons with a mental disorder
•Other miscellaneous offences
•Strengthening the notification requirements and providing new civil preventative orders

http://www.cps.gov.uk/news/fact_sheets/sexual_offences/

Child Sex Abuse

Those accused of child rape can no longer argue that the child consented. Any sexual intercourse with a child under 13 will be treated as rape. Other non-consensual offences against children under 13 are sexual assault by penetration, sexual assault, and causing or inciting a child to engage in sexual activity.

There are new offences of sexual activity with a child under 16. These cover a range of behaviour, involving both physical and non-physical contact. As children and young persons commit sexual crimes on other children, these offences apply also to persons under 18.