header-logo header-logo

18 January 2007 / Kjersti Lehmann
Issue: 7256 / Categories: Features
printer mail-detail

Rape date

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 No transitional provisions were put in place after SOA 2003 came into force and previous Acts of Parliament were repealed.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 The Sexual Offences Act of 1956 (SOA 1956) was repealed, meaning that a sexual offence committed on or after 1 May 2004 will be an offence under SOA 2003.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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll