Timing should not let rapists off the hook argues
Kjersti Lehmann
in brief
No transitional provisions were put in place after SOA 2003 came into force and previous Acts of Parliament were repealed. As a result it is, at present, not possible to convict a person for sexual offences if it cannot be proved whether the offence was committed before, on or after 1 May 2004.
A solution to this unsatisfactory situation is given in VCRA, s 55. When implemented, s 55 will provide that in circumstances in which it is not possible to prove the date of the offence, and the offence may straddle the two legislative regimes, then it may be presumed that it was committed pre-May 2004.
On 1 May 2004 the central provisions of the Sexual Offences Act 2003 (SOA 2003) were brought into force. The Sexual Offences Act of 1956 (SOA 1956) was repealed, meaning that a sexual offence committed on or after 1 May 2004 will be an offence under SOA 2003. Any offence that took place before this
