Rape
Over 30 years experience as Criminal Defence Lawyers
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. McGovern Reid are experts in representing clients accused rape and other sexual offences.
McGovern Reid are very experienced in representing individuals who have been charged with a sexual offence either in the High Court of Justiciary or in the Sheriff Court. We have a proven track record of getting results in cases which seemed hopeless. We recognise that these offences have far-reaching consequences for the rest of a person’s life. The stigma attached to those who are subject to notification requirements and the sex offender’s register that exist in relation to work and daily activities can remain with a person forever. It is important that if you are accused of or charged with a sexual offence of any kind, you must seek expert legal advice as soon as possible.
Expert Rape and Sexual Offences Solicitors in Glasgow, Hamilton, Lanark, Scotland
Defining Rape
Rape is defined within the Sexual Offences (Scotland) Act 2009.
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 Consent can also be withdrawn at any time. Often accused persons accepts that sexual intercourse has taken place between the accused and the alleged victim. The dispute is whether the encounter was consensual. It is therefore important that your solicitor is experienced in preparing cases where the defence is one of consent. A well-prepared case can be the difference between an acquittal and a conviction.
'Reasonable Belief’ in Rape Cases
The definition of rape also requires that A has no reasonable belief that B is consenting to sexual penetration. This has become a highly specialised area of law and it is therefore essential that you instruct an specialist rape and sexual offences lawyer to achieve the best possible outcome.
Contact our Rape and Sexual Offences Lawyers in Motherwell, Airdrie, Lanark, Scotland
McGovern Reid are experts in dealing with both allegations of rape and other sexual offences. We
have the ability to instruct an in-house solicitor-advocate as well as excellent relationships with both
the Faculty of Advocates and the Society of Solicitor-Advocates. You can be assured that we will put
together an expert team to represent your interests.
We offer our services to both privately funded and Legal Aid clients. As expert 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 Hamilton, Wishaw, Glasgow and the
surrounding areas. Call us today on 01698 359 550 or contact us via our online contact form. Our
expert, professional team are on hand to assist you in preparing and presenting your case to ensure
the best possible outcome.
Call us today – 01698 359 550