Law and Prosecuting Practice in Relation to Serious Sexual Assaults and Domestic Violence

Chapter 21
Law and Prosecuting Practice in Relation to Serious Sexual Assaults and Domestic Violence


Wendy Cottee


Crown Prosecution Service, UK






OVERVIEW



  • This chapter covers the prosecution process in England and Wales
  • Sexual assault and the elements of specific sexual offences are defined
  • Domestic violence covers a range of criminal behaviours and crimes
  • Prosecutors benefit from clear and full notes
  • Because of confidentiality, information sharing with third parties should be done with consent or after taking advice




The prosecution process in England and Wales


This chapter covers the legal process in England and Wales. The corresponding legislation elsewhere in the UK is set out in The Sexual Offences (Scotland) Act 2009 and the Sexual Offences (Northern Ireland) Order 2008. Other jurisdictions may have different legal processes and laws, with which you should familiarise yourself if necessary.


Criminal offences are investigated by the police. Evidence gathered by the police in relation to serious sexual assault cases and cases involving domestic violence is then passed to a lawyer from the Crown Prosecution Service (the organisation responsible for bringing criminal cases on behalf of the state). That lawyer will consider the evidence and advise the police as to any further evidence that needs to be obtained.


If there is sufficient evidence to give a realistic prospect of a successful prosecution and if a prosecution is in the public interest (it nearly always is in these cases) then the lawyer will decide what charges should be brought.


The defendant (the person charged) will then be charged and criminal court proceedings will commence. Figure 21.1 shows the progress of a case through court.

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Figure 21.1 The arrest and court process (with thanks to The Havens).


The lawyer from the Crown Prosecution Service will then prepare the case for court. Usually a separate lawyer will be responsible for the presentation of the court case. Lawyers and police work together on the preparation and presentation of the case.


A defendant will also be represented by a lawyer in court. The English court system is an adversarial one, which means that each party presents evidence in court and it is then challenged by the opposing party. Box 21.1 shows the likely types of evidence to be brought to court.






Box 21.1 Likely types of evidence



  • Statement of the victimAs to what happened to her/him (note that this may be a written statement but is more usually a recorded interview). The victim will have to be questioned on this in court by the defendant’s lawyer in a contested case.
  • Medical evidenceOf injuries or forensic findings (again given live in court if contested).
  • Supporting evidenceFrom eye witnesses or those attending the victim soon after the assault.
  • Police evidenceAs to what occurred in the investigation, the arrest of the defendant and anything said by the defendant to police.




What is a sexual assault?


A sexual assault is any act which by its nature or purpose would appear to be sexual and to which, in the case of adults, there is no freely given consent.


Children under the age of 16 years are deemed in law not to be able to consent to sexual activity. Therefore, any sexual act with a person under 16 is a sexual offence. Where the parties are around the same age and the sex is in effect consensual it is unlikely any prosecution would be brought.


The majority of sexual offences are governed by the Sexual Offences Act 2003, which came into force on 1 May 2004. Any offence committed since that date will be governed by this Act.


The Act deals with a vast range of sexual offences and creates separate offences against adults and children. It offers protection to children not only from sexual acts but also from preparatory offences such as sexual grooming. There are specific offences that offer protection to vulnerable adults against sexual assaults from those in a position of trust, such as care workers (see Chapter 14). There are also protections for adults with a mental or physical disability as a result of which they cannot freely consent to any sexual act. The three most common adult offences are explained in Box 21.2.


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Dec 9, 2016 | Posted by in GENERAL & FAMILY MEDICINE | Comments Off on Law and Prosecuting Practice in Relation to Serious Sexual Assaults and Domestic Violence

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