Unit 7: Law & Legal Systems - Rape & Sexual Assault Crises Assignment Sample

Introduction: England and Wales: Criminal Justice for Sexual Assault Cases

The Criminal justice system has been occupied with the police and procedure mainly for managing sexual assault cases. "Criminal justice personnel" and police officers show the attitudes regarding rape cases which depend based on the evidence. Referring to the legal designation Sexual assault entails engaging in sexual intercourse or other acts of sexual penetration without the female's consent is called rape. On the other hand, sexual assault is defined as sexual behaviour without the victim's consent. In the UK, to control and regulate this type of criminal offence a number of laws are being implemented such as "The Sexual Offences Act of 1956", "The Indecency with Children Act of 1960", "The Sexual Offences Act of 2003 (SOA 2003)" mainly for conducting criminal justice process. For handling "serious sexual assaults" and rape cases, English courts are categorised in Crown court for those over 18 years old and for those under 18 years old youth court has been involved. The report aims to analyse different difficulties related to "serious sexual assault" and rape cases in Wales and England. This report has introduced different laws and principles related to the jurisdiction of "serious sexual assault" and rape cases. Moreover, the way serious sexual assaults and rape cases are dealt with in English courts and also the way a defendant can appeal are being highlighted. The involvement of different stakeholder groups, mainly in the "criminal justice process", has been considered. Moreover, the "criminal justice system" has been measured based on prosecution, crime, reoffending and conviction rates.

Struggling with assignments? Get expert assistance now! How Does Online Assignment Help Service Work? It’s simple—share your requirements, let our professionals craft a high-quality, plagiarism-free assignment, and receive it on time.

Task 1: Examining the Legal and Judicial Response to Serious Sexual Assault and Rape in England

Effective principles and types of laws applied for serious sexual assault and rape

In the law, sexual assault and crime are considered specific crime which may also lead to physical injury. Considering the legal term, rape refers to pitting the pennis of someone into an individual's vagina or mouth without the individual's permission. On the other hand, sexual assault is referred to as sexual touch to a person without the person's permission within its body part (SWP, 2024). The Sexual Offences Act 2003 (SOA 2003) is an effective law that was implemented in 2004. This law has reflected on changing the social attitude toward controlling sex offences. The law covers vulnerable adults and children. This new legislation acts as a safeguard against sexual crime, mainly for both male and female victims. Many victims suffer from sexual assault by their family members however, this act supports persons under 16 who can deliver valid consent (Legislation, 2024). In this case, the victim gets a chance of defence in case of if the victim is unmarried. However, in special cases, the law has been changed with a maximum penalty. For example, the case study of "R v Morgan [1970] VR 337" was highlighted due to lack of insufficient consent as no evidence of physical activity had been established among the male and female organs (Sage Journals, 2019). In this condition, the country's court directed to understand the rudimentary knowledge regarding virginity.

Another law is related to the "Indecency with Children Act 1960"; according to it, if any person commits to tendency to young children, mainly under fourteen is liable for imprisonment for two years (legislation, 2024). "Sexual Offences Act of 1956" has consolidated related to sexual crimes mainly for prostitution, procuration of women against rape and sexual offences. It also covers the crimes against a man having intercourse with a girl under thirteen (legislation, 2024).

As per English Law, the legal principle regarding sexual assault and rape are mainly depend on the valid consent. Sexual offence is referred to as a traumatic experience and is categorised into two groups such as "serious sexual offences" which include attempting serious sexual offence and rape and another group sexual offences other than minor sexual activity, voyeurism and exposure (CPS, 2023). As a peer to the sexual assault prosecution, effective evidence is required to collect to make the perpetrators believe. In many cases, both the accused and the complainant are known to each other.

The way serious sexual assaults and rape deal with English courts based on the “right to appeal”

The civil and criminal court system in England is different however, some courts hear civil and criminal matters. However, as per some housing laws, legislation related to criminal offences and prosecution for criminal cases has been handled by public bodies and police. The role of "private criminal prosecution" has involved statutory nuisance where private landlords have to deliver information related to charges. The criminal proceeding has been categorised with Magistrates' courts, Crown Court, "House of Lords", and "Court of Appeal – criminal division". Crown Court has majorly been engaged with the criminal justice system of sexual offenders across England and Wales. In the case of RASSO (Rape and Serious Sexual Offences) suspects, they are sent for custody to the Crown Court and in this case time limit is not applicable for bail or release (Gov, 2021). In the case of the magistrate's court, where the criminal cases start for the first hearing. In this type of court, decisions are taken by the district judge or panel of magistrates who are volunteers of the legal professionals. After the first hearing, the cases are sent to the Crown Court especially when the case is related to a "serious sexual assault" or rape case, these are sent Crown Court for the first hearing. This type of case involves victims who are under 18 years old and are sent to the youth court first. The District Judge of the youth court decides whether the case needs to be sent to the Crown Court. Youth courts apply different rules for youth offenders (CPS, 2022).

Under the Victims' Code, every defender has the right to appeal with relevant information however, they need to take police contact first in case of any appeals. However, in case the defender does not feel guilty, they are unable to appeal the verdict. As per UK law, a defender does not have a right against a case over the jury's decision. During the original trial, 'new and compelling' were not effective here the evidence is required for retrial (CPS, 2022). In the case of the defendant, they can appeal over the conviction when they are found guilty. While appealing, the defenders are sent to the "Court of Appeal" where they can be convicted and allow to hold a new trial. Before the appeal, individuals need to get the permission of the "Court of Appeal Criminal Division"; in this case, it is required to consult with a legal adviser who they can help in taking decisions for a successful application. In case of leave application over the decision of the crown court, it needs to deal through the "Court of Appeal Criminal Division". However, appeals in the High Court or county court support dealing with the "Court of Appeal Civil Division" (judiciary, 2021).

In case of rape cases, the criminal proceeding for defendants who have age 18 years or above is sent first “to the magistrates' court” and then move to “Crown Court”. However, if the age of the defendant is lower than 18 years old will be sent to youth court.

Explore the involvement of stakeholders in processing criminal justice regarding serious sexual assault and rape

Different private service organisations such as Prosecutors, police, Defence counsellors, courts and correctional authorities play significant roles in processing criminal justice. The primary duty of the police force is to register FIR, primary investigation, arrest the person and support the prosecution. The role of the prosecutor is related to providing necessary warrants and ensuring justice. On the other hand, resolving disputes and enforcing decisions are done by the court. Defence consists of defending the client, reviewing and investigating the evidence and keeping the client informed. However, in the case of serious sexual assault and rape-related criminal justice, “The Crown Prosecution Service (CPS)” plays a significant role in collecting the right information and charging for rape cases (CPS, 2022). This public service commission is committed to making decisions for the victims to increase their confidence. They have a special police force for delivering vest practices against sexual offence and treat the condition sensitively and seriously. The organisation has implemented a “Violence Against Women and Girls (VAWG)” strategy for addressing crimes including rape, sexual offence, and domestic abuse (CPS, 2022). Moreover, they also take action regarding child abuse, forced marriage, and human trafficking. The organisation also acts as a specialist prosecutors' authority across Wales and England to deal with sexual allegations. Other effective stakeholders include “trained police officers”, fiscal prosecutors, advocacy workers and advocates for judges and prosecution. The sexual assault stakeholder groups are as follows

The way the criminal justice system deals with serious sexual assault and rape controls the rate of prosecution, crime, reoffending and rehabilitation programs

Sexual assault cases can be handled through a special agreement between the perpetrator and the prosecutor where the perpetrators are agreed against a plead guilty in return for a penalty. As per the ONS report, the recorded rape cases are 43,000 in 2019 to 2020. Based on the CPS and police participants, the court supports the victims based on adequate evidence. In 2022/2023, the number of rape offences is 43,000 which was higher in 2021/2022 in the number of 69,973 offences (Statista, 2023). The criminal justice system is not properly effective in mental health conditions, especially for girls and young women.

The average time regarding the policy development by CPS has increased to 42.7 days, and it has increased by 6.9% within a quarter. The rate of completed prosecution has declined by 0.7%. Domestic prosecution has been involved with rape by 16.9%, domestic advice 1.4% and hate crime by 6% (CPS, 2022). "National Operating Model" for dealing with the prosecution against adult rape which supports secure criminal justice for rape victims. The UK crime prosecution authority investigates through the police force and makes their decision independently with the help of the government and police. The private prosecution has the right to investigate independently without acting on behalf of the prosecution authority and police.

The conviction rate in Wales and England has been observed at 77.9% in crown courts and 83.6% in magistrates' courts (Statista, 2023). However, in 2021, jury conviction for rape charges was 75% where their juries are convicted with the help of acquit defendants against rape or sex complaints (UCL, 2023). The rate of "average jury conviction" is higher than serious sexual assault where the juris defendant is the convict. Juries are poorly acquitted young men rather than older men where the perception is reluctant for convicting the yonder male in rape cases. Referring to the conviction rate for sexual assault, it is difficult to prove the 'historical' allegations however in the case of broad indications 70,330 rape cases were been reported in 2021 where the conviction rate is 1,378 which is lower than 2% (Saunders, 2023). Due to the presence of a small proportion of complaints, 98% of allegation rape of cases are false or mistaken for understanding. For example, in the case of “r v allan case” which is related to false allegation and the appellant has been concealed by Crown court (Parliament, 2023).

The number of rehabilitation and restorative justice has increased which is highly been involved with sexual violence across Wales and England. The crime rate related to sexual assault is challenging to control. As per the policy record, sexual assault has increased by 22%, which is related to 183,587 offences. In this case, the number of rape cases is related to 67,125 (HOLL, 2022). Effective evidence regarding rehabilitation reduces the rate of reoffending, which highlights the supervision to highlight the crime. Rehabilitation support to reduce the crime rates and help them to easily get employment. Effective rehabilitation for the criminals in the UK occurs through educational programs, the implementation of “cognitive behavioural therapy” and community sentences.

In the UK, the % of reoffending criminals was 24.9% in 2021/2022, which was 24% in 2020/2021 (Statista, 2023). 3.6% of reoffending criminals are engaged in sexual crimes. It has been seen that “one in seven” convictions for rape cases is been involved with offenders who are previously engaged in sex crimes. Reoffending people accused of sexual crime needs accurate judgement and also requires proper opportunity for their rehabilitation. In the UK, for this deadfall crime, sex offenders are sent to prison.

Conclusion

It can be concluded that “The Sexual Offences Act 2003 (SOA 2003)” positively reflected social attitudes which have been involved with children and vulnerable adults. However, in this case, the collection of valid consent is required. For the first appeal regarding rape and sexual assault-related crime, they need to take permission from “The Court of Appeal Criminal Division” and for hiring, the case has been sent to the Crown court. Effective stakeholders such as “The Crown Prosecution Service (CPS)”, police, educational bodies, “advocates from the victim witness”, Forensic examiners and prosecutors are involved with the criminal justice process. Rehabilitation programmes have positively influenced for controlling the crime related to sexual assault and rape.

Get Extra 10% OFF on your WhatsApp order!

use my discount

Reference

• CPS (2022). After a defendant is charged - The first hearing in the magistrates' court - Rape and Serious Sexual Assault, Available at: https://www.cps.gov.uk/rasso-guide/after-defendant-charged-first-hearing-magistrates-court [Accessed 20 February 2024].
• CPS (2022). After the trial - appeals - Rape and Serious Sexual Assault, Available at: https://www.cps.gov.uk/rasso-guide/after-trial-appeals-0#:~:text=If%20the%20defendant%20is%20found,the%20severity%20of%20their%20sentence. [Accessed 20 February 2024].
• CPS (2022). How the CPS charges and prosecutes rape cases, Available at: https://www.cps.gov.uk/how-cps-charges-and-prosecutes-rape-cases#:~:text=The%20Crown%20Prosecution%20Service%20(CPS,charge%20and%20prosecute%20rape%20cases. [Accessed 20 February 2024].
• CPS (2022). Our commitment to rape victims, Available at: https://www.cps.gov.uk/our-commitment-rape-victims#:~:text=The%20Crown%20Prosecution%20Service%20%E2%80%93%20our%20role&text=If%20you've%20reported%20a,the%20case%20should%20be%20prosecuted.[Accessed 20 February 2024].
• CPS (2022). Sexual offences, Available at: https://www.cps.gov.uk/crime-info/sexual-offences [Accessed 20 February 2024].
• CPS (2023). Introduction by Max Hill KC, Director of Public Prosecutions 2018-2023, Available at: https://www.cps.gov.uk/about-cps/how-we-prosecute-rape#:~:text=It%20is%20necessary%20under%20the,are%20the%20only%20direct%20witnesses. [Accessed 20 February 2024].
• CPSS (2022) CPS publishes latest quarterly statistics which show a continued increase in people charged with rape, Available at: https://www.cps.gov.uk/cps/news/cps-publishes-latest-quarterly-statistics-which-show-continued-increase-people-charged#:~:text=Overall%20completed%20prosecutions%20decreased%20by,hate%20crime%20(6%25)%20cases. [Accessed 20 February 2024].
• Gov (2021). Review into the Criminal Justice System response to adult rape and serious sexual offences across England and Wales, Available at: https://assets.publishing.service.gov.uk/media/60cbb9318fa8f57ce78d4d85/rape-review-research-report.pdf [Accessed 20 February 2024].
• HOLL (2022). Crime and rehabilitation: An overview, Available at: https://lordslibrary.parliament.uk/crime-and-rehabilitation-an-overview/ [Accessed 20 February 2024].
• Judiciary (2021). Appeals process, Available at: https://www.judiciary.uk/how-the-law-works/appeals-process/#:~:text=Applications%20for%20leave%20to%20appeal,Court%20of%20Appeal%20Civil%20Division. [Accessed 20 February 2024].
• Legislation (2024). Indecency with Children Act 1960, Available at: https://www.legislation.gov.uk/ukpga/Eliz2/8-9/33/enacted [Accessed 20 February 2024].
• Legislation (2024). Sexual Offences Act 1956, Available at: https://www.legislation.gov.uk/ukpga/Eliz2/4-5/69/enacted#:~:text=(1)It%20is%20an%20offence%20for%20a%20person%20to%20apply,unlawful%20sexual%20intercourse%20with%20her. [Accessed 20 February 2024].
• Legislation (2024). Sexual Offences Act 2003, Available at: https://www.legislation.gov.uk/ukpga/2003/42/notes [Accessed 20 February 2024].
• ONS. (2021). Sexual offences in England and Wales overview: Year ending March 2020. Available at :https://www. ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/sexualoffencesinenglandandwalesoverview/ march2020[Accessed 20 February 2024].
• Parliament (2023). Notification requirements: The “sex offenders register”, Available at: https://commonslibrary.parliament.uk/research-briefings/sn05267/#:~:text=Certain%20sex%20offenders%20are%20required,the%20%E2%80%9Csex%20offenders%20register%E2%80%9D. [Accessed 20 February 2024].
• Patterson, D., Pennefather, M. and Donoghue, K., (2020). Shifting sexual assault forensic examiners orientation from prosecutorial to patient-centered: The role of training. Journal of interpersonal violence, 35(21-22), pp.4757-4778.
• Rapecrisis (2024). We're here for you, Available at: https://rapecrisis.org.uk/ [Accessed 20 February 2024].
• Roskin-Frazee, A., (2020). Protections for marginalised women in university sexual violence policies. International journal for crime, justice and social democracy, 9(1), pp.13-30.
• Sage Journals, (2019). The capacity to consent to sex in mental health inpatient units, Available at: https://journals.sagepub.com/doi/abs/10.1177/0004867419850320 [Accessed 20 February 2024].
• Saunders (2023) Virtually all rape victims are denied justice: Here is the roadmap to failure., Available at: https://www.saunders.co.uk/news/virtually-all-rape-victims-are-denied-justice-here-is-the-roadmap-to-failure/#:~:text=No%20statistic%20can%20provide%20a,rate%20of%20less%20than%202%25. [Accessed 20 February 2024].
• Statista (2023). Conviction rates for magistrates courts and crown courts in England and Wales from 2nd quarter 2013 to 1st quarter 2023, Available at: https://www.statista.com/statistics/1100769/conviction-rate-in-england-and-wales/ [Accessed 20 February 2024].
• Statista (2023). Number of police recorded rape offences in England and Wales from 2002/03 to 2022/23, Available at: https://www.statista.com/statistics/283100/recorded-rape-offences-in-england-and-wales/ [Accessed 20 February 2024].
• Statista (2023). Proportion of offenders who re-offend in England and Wales from 2008/09 to 2021/22, Available at: https://www.statista.com/statistics/317299/re-offending-in-england-and-wales/#:~:text=In%202021%2F22%2C%2024.9%20percent,24%20percent%20in%202020%2F21 [Accessed 20 February 2024].
• SWP (2024). What are rape and sexual assault?, Available at:https://www.south-wales.police.uk/ro/report/rsa/alpha-v1/advice/rape-sexual-assault-and-other-sexual-offences/what-are-rape-sexual-assault/[Accessed 20 February 2024].
• UCL (2023). Juries convict defendants for rape more often than acquit, Available at: https://www.ucl.ac.uk/news/2023/feb/juries-convict-defendants-rape-more-often-acquit#:~:text=In%202021%2C%20the%20most%20recent,sex%20of%20the%20rape%20complainant. [Accessed 20 February 2024].