Conspiracy to rape is an offence that can come with a stiff punishment. This article provides detailed guidance on the typical sentencing for this offence.

What is the sentence for Conspiracy to rape in 2020?

The offence of conspiracy to rape is when two or more people agree to commit the crime of raping a person in the future.

As with any crime heard in a UK court, the offence has to be proven by the prosecution. To be able to show the accused as being guilty, the prosecution will need to collect evidence that demonstrates that the accused people made an agreement and were acting together. The prosecution also needs to prove that there was an intention to rape.

In UK law, conspiracy to rape is a serious offence. Those who are found guilty and convicted are likely to be handed a term of imprisonment. Depending on what was planned, what happened and what the outcome was, the sentence could be for an extensive period.

To provide you with guidance on what the outcome could be of being convicted of conspiracy to rape, we have listed some of the questions that our clients typically ask. You can read our answers and understand more about what the sentencing might be.

Please note that by hiring a competent and experienced solicitor, it may be possible to get any prison sentence reduced or even avoid it entirely. If you cannot find all the information you need here, please call us on 0208 888 5225, and we will be happy to help.

Have you been charged or arrested for conspiracy to rape? 

You may have been charged or arrested for conspiracy to rape. If this is the case, you will need legal help immediately. The success of any case depends on hiring a solicitor who has experience of defending others facing the same offence.

Solicitors who have experience in defending this crime will understand which approaches and angles to take to create the most potent of defence strategies. You will need legal guidance right from the beginning. The typical court case will involve police interviews, an examination of the evidence produced by the prosecution and then the court hearing itself.

Securing the help of a lawyer with an understanding of this offence will provide you with the help you need through the challenge. As soon as you discover that you’re under investigation, you must seek the advice of a lawyer who knows how to handle this situation. By working with skilled conspiracy to rape solicitors, you may even be able to have your case dismissed before it reaches the court stage.

In some situations, people are accused of a crime, but they have not been involved. These are situations where it is vital that you get your name cleared and any links with the crime removed as fast as possible. Being linked to any crime could negatively reflect on your reputation or profession.

What type of actions are classified as conspiracy to rape?

A conspiracy to rape is when two or more people agree to a course of action that will result in the rape of another person. In some cases, this is linked to grooming, and in others, it may even be related to domestic strife.

This offence is more about agreeing and plans to rape a person. Even if the event does not take place, the action of plotting to rape a person is enough to be put through a court trial. If the accused are found guilty and therefore convicted, they are likely to be sentenced to a term in prison.

As in any court case, the role of the prosecution is to prove that the accused are guilty. They need to prove to the jury and Judge that without doubt, the people involved were acting together with some ‘agreement’ between them. This agreement might be implied or assumed, but the intention was to rape.

To demonstrate a situation that would be classified as a conspiracy to rape case, there was one recently publicised that occurred in the Watford area. An unknown man abducted two women and took them to a hotel intending to hire a room. When the room wasn’t available, he left them at the hotel.  The police have not yet tracked down the man, and he is still at large.

Another case, for instance, is when five men sexually abused a girl of 15 for two years and were amongst other offences, accused of conspiracy to rape. The sentences handed to them ran from 4 years to 25 years in prison.

What is the average sentence for conspiracy to rape?  

Conspiracy to rape is considered a grave crime in UK law. A person who is found guilty and convicted may be handed a prison sentence from two years to 25 years, depending on what was agreed, what happened and what the damage was to the person involved.

How does a court decide on the seriousness of the conspiracy to rape offence for sentencing purposes?

The information that judges receive with regards to sentencing are only guidelines, and each case will be looked at individually. One of the factors judges consider in every case of this nature is the defendant’s level of genuine remorse.

The following factors are considered when the Court decides which sentence to give. They will look at:

  • Your previous conviction
  • Your level of remorse
  • Whether you’re being affected by what happened psychologically or emotionally
  • What happened in the case and what harm was done to the victims
  • Whether the agreement to murder or harm was carried through to completion

What are some of the mitigating factors that might reduce the conspiracy to rape sentence?

Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. One of the factors judges consider in every case of this nature is the defendant’s level of genuine remorse.

The following are some of the other factors considered when the Court decides which sentence to give. They will look at:

  • Any previous conviction
  • Your level of remorse
  • Your level of cooperation with the investigation
  • Whether the activity you took part in was initially legitimate
  • Your reputation / good character
  • Whether you have any severe medical conditions that require long term, urgent or intensive treatment
  • Whether you have a learning disability or a mental disorder
  • Whether you are the sole or primary carer for related dependents

Is it possible to reduce a sentence for conspiracy to rape with a guilty plea?

In recent years, several changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial. For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third (maximum). The later the plea is entered, the smaller the reduction.

‘Early on’ refers to ‘the first stage of the proceedings’ and means anytime up to and including the first hearing at the Magistrates Court or Crown Court for indictable offences.

If a plea is entered 14 days after the first hearing, for example, the maximum level of reduction is just 20% or one-fifth of the sentence. For indictable offences, the limit for a guilty plea to be made is within 28 days after the prosecutor has stated compliance with section 3 of CPIA 1996 and serving disclosure; although the decision is ultimately in the hands of the Judge who has the discretion to apply whatever credit is deemed appropriate.

After these times, there is a sliding scale of credit applied. This goes down to one-tenth on the first day of the trial and to zero if entered during the course of the trial. In theory, the ten percent could be given if the plea is issued after the opening speeches on the first day, but prior to any witness evidence being heard.

If the accused does not want to plead guilty, then it’s important for the solicitor to regularly inform the Court throughout the trial of the reasons why the client’s plea is not guilty.

What are some of the other consequences of the conspiracy to rape offence?

Ancillary Orders

A court can also make ancillary orders on a defendant if they are found guilty and convicted of a conspiracy to rape offence. These are extra elements of punishment that can be added to a sentence and include additional restrictions or requirements that can affect a dependent’s finances, your property or business or financial activity.

Ancillary orders that are typically added to the penalty for those who are found to be guilty of conspiracy to rape include:

  • Compensation for loss
  • Restraint orders
  • Reparation orders
  • Being on licence
  • Confiscation orders

As part of your investigation, you may also have your assets frozen with the possibility of having cash or other assets seized.

In addition, the Court may demand payment of the following if the accused is convicted:

Payment of costs applied for by the prosecutors

Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted. These may include the charges of:

  • The work done in obtaining enough evidence for prosecution either at the initial stage or later at the request of Crown Prosecution Service (CPS)
  • Seeking medical or expert evidence as part of the investigation, (where a witness is required to attend Court, the cost of the attendance falls on the CPS).
  • Re-interviewing witnesses
  • The entire costs of the prosecutor, including fees for the use of external Barristers used by the CPS, can be recovered from the defendant, subject to means. At the end of the case, the prosecutor under The Prosecution of Offences Act 1985 will request the Judge to order a sum to be paid for the costs incurred by the prosecutor in bringing the prosecution.

Victims surcharges

The term victims’ surcharges can be explained as paying compensation to a fund for victims and can range between £20 to £170 depending on what sentence you were given at conviction.

How sentences can be added to national information databases

There are several national databases that hold information about individuals and any allegations made about them, their criminal and court records. These include the DBS (Disclosure and Barring Service) which was previously known as the CRB (Criminal Record Bureau) and the Police National Computer (PNC).  Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases. Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities.

If your case progresses to Court and you are convicted of conspiracy to rape, your conviction will be noted on your CRB / police record. The period of the endorsement will depend on the nature and length of your sentence.

Below are details on how long you will be listed as holding a criminal record if convicted. This is something very serious to consider when it comes to future employment. The term ‘spent’ refers to when your name can be removed from the databases.

Rehabilitation Period
(the time it takes for the sentence to become ‘spent’)
Sentence Adult (aged 18+) at time of conviction Young person (aged under 18) at time of conviction
Prison sentences of more than 4 years Sentence is never spent Sentence is never spent
Prison sentences of more than 2.5 years (30 months) but less than 4 years Sentence length 7 years Sentence length 3.5 years
Prison sentences of more than 6 months but less than 2.5 years (30 months) Sentence length +4 years Sentence length +2 years
Prison sentences of less than 6 months Sentence length + 2 years Sentence length +18 months
Conditional Discharge Length of order Length of order
Absolute Discharge None None
Conditional Caution 3 months 3 months
Simple Caution / Youth Caution None – immediately ‘spent’ None – immediately ‘spent’
Other Including Compensation Order, Supervision Order, Bind Over, Hospital Order Length of the order / once compensation is paid Length of the order / once compensation is paid

How Can Stuart Miller Solicitors Help?

Stuart Miller Solicitors are known for the vastness of their experience, the breadth of their knowledge and their strong relationship with other legal professionals. With over 30 years of experience defending conspiracy to rape cases, our legal team have some of the brightest minds in the country when it comes to law practice.

We are a team on whom you can trust and depend. Our lawyers have vigour and a keen determination to win every case they take on. They work together so that no stone is left unturned when it comes to defence angles. They call on the knowledge and expertise of forensic analysts, barristers and QCs to support their decisions and provide further information.

In addition to supporting the accused with legal advice, we are well aware of what a challenge a court case can be emotionally and mentally. We provide support and guidance to our clients and their families intending to shore them up at one of their most vulnerable moments.

Our recent successful conspiracy to rape cases

The Stuart Miller Solicitors legal team have secured acquittals in allegations of conspiracy to rape. The size and reputation of our firm have grown dramatically over the past few years. Known for our ability to secure the best possible outcome for our clients, our relentless pursuit for the best for our clients often wins the case for us.

Arrest & Interview

As soon as you first hear about being involved in a conspiracy to rape case from the police, is the time you will need to hire a competent lawyer. The police may arrest or charge you, then bring you to the police station for an interview. This is the time when having an accomplished legal professional by your side can make all the difference to the outcome of the case.

You will be asked several questions by the police. They may show you some evidence that they have to prove that you were involved or connected to the crime. They are also likely to withhold some evidence that they will use against you later on. You won’t know what this evidence is and you may even fall into a trap set by the police that is related to this evidence of which you’re not aware.

The benefit of having a conspiracy to rape solicitor with you is that they will demand to see all evidence that the police have on you. They will also tell you what you should and shouldn’t say and which questions to answer. Without knowing this information, you could be in position for a very challenging court case.

Would you like to discuss your case before instructing us?

To discuss your situation in a no-obligation chat, call us today. You can tell us what has happened, where you are in the case and get to know why we are the best people to help you.

We can also represent you at the police station and look into securing legal aid for you.

Please use our contact form or call us on 0208 888 5225 and ask to speak to our conspiracy to rape lawyers. You can arrange to meet with our solicitors in person, on the phone or by video call. Otherwise, you may prefer to use the WhatsApp link on the bottom banner if you open this page on your mobile phone device.

Get in touch with us now for conspiracy to rape legal help.

 

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