Rape is when someone is forced to have sex against his or her
will. It can happen to women or men and can involve being forced to
have sex through violence or through verbal threats.
If you know that a person is not consenting to sex, or if you do
not take care to definitely find out, or if you force a person to
have sex against their will or you give them alcohol or some form
of drug to make them consent, or if the other person is incapable
of giving consent (for example too drunk or under the influence of
drugs) then this is rape.
Going out with someone, being married to them, or if they have
agreed to sex before, are not considered as giving consent to
further sexual activity. If someone does not consent to sex that
they have had then it is rape.
Penetration of a person's vagina, anus or mouth with a penis and
without consent constitutes rape.
It is an offence for any person 16 years or older to have sex
with a child between 13-15 years inclusive whether or not the child
claimed to have consented. The maximum penalty is 10 years
imprisonment.
It is a serious crime for any person to have sex with a child
under 13 because the law says that children under 13 are not
capable of consenting to sex. The crime is 'rape of a young
child' and whether or not the child claimed to have consented is
irrelavent. The offence is triable at the High Court only,
and the maximum penalty is life imprisonment.
Getting help
Whatever form it takes, unwanted sexual contact is a painful
experience. If you have been sexually assaulted or raped, you may
not want to or find it difficult to tell someone. But there are
ways that you can get support for yourself, and to report what has
happened. Check out the sexual assault and
rape section of this site for information about where
to get help.