Rape Investigations & Defence

Consent and reasonable belief are distinct statutory questions. In determining reasonable belief, the Act requires regard to all the circumstances, including any steps the defendant took to ascertain consent. Sections 75 and 76 also contain evidential and conclusive presumptions in defined circumstances.

Rape is indictable only and carries a maximum sentence of life imprisonment. Current CPS RASSO guidance was substantially refreshed in June 2026 and emphasises early advice, case strategy, reasonable lines of enquiry and disclosure management.

Relevant evidence can include the complainant’s accounts, the suspect interview, complete communications, photographs, CCTV, venue and travel records, location data, witnesses, medical/forensic evidence and defined digital or third-party material.

Absence of independent corroboration does not itself prevent a prosecution. The defence task is to identify what the available evidence actually proves, what remains disputed and whether a reasonable enquiry could materially assist or undermine the case.

Reasonable enquiries may include preserving CCTV, obtaining complete communications, checking travel or venue records, identifying witnesses and pursuing specific digital or third-party material tied to a genuine issue such as consent, identity or chronology.

Current CPS guidance requires RASSO disclosure strategy to be recorded and reviewed. Defence requests should therefore be specific, proportionate and explain why the material sought could affect the evidential assessment.

Before interview, advice should be taken on disclosure and interview strategy. After interview, investigations may continue for a substantial period while digital, forensic, witness and third-party enquiries are completed and the CPS provides early advice or makes a charging decision.

If charged, the case is sent to the Crown Court and requires structured disclosure review, counsel, trial preparation and any necessary expert or legal applications.

Preserve original communications, photographs, location history, bookings and other relevant material. Identify CCTV and witnesses promptly. Make a factual chronology distinguishing clear memory from uncertainty.

Do not contact the complainant contrary to bail conditions or try to obtain evidence in a way that could create another allegation.

Send police correspondence/disclosure, interview and bail/RUI documents, next date, concise chronology, complete relevant communications, CCTV/location information, witness details and any professional or regulatory correspondence.