338.49Apunish, Rape Was To/Revenge Rape

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Rape

338.45Male rape

R v Cadogan 2010 EWCA Crim 1642, 2011 1 Cr App R (S) 53 (p 343)D pleaded to ABH and was convicted of rape. The victim, V, worked in a pub and after staying for drinks afterwards, was followed home by D, one of the customers. D punched V causing a nosebleed. That was the ABH. He then pulled down V’s trousers and anally raped him. D held V down during the rape. The Judge found that there was gratuitous violence above that required to carry out the rape. D told V that he had been paid £1,000 to exact revenge on D for allegedly assaulting his sister, C. There had been an incident where D had ‘stood up’ to C physically following an argument. V was initially too scared to inform the police. D was aged 27 at appeal. The Judge described the incident as a planned and deliberate attack, which used sexual violence to punish, degrade and humiliate. Held. This was a sustained attack. The absence of a condom was an aggravating feature, as were the threats made to V. This case merited a severe sentence. Extended sentence (9 years custodial term and 3 years licence).

338.49aPunish, Rape was to/Revenge rape

R v Cadogan 2010 EWCA Crim 1642, 2011 1 Cr App R (S) 53 (p 343)D pleaded to ABH and was convicted of rape. The victim, V, worked in a pub and after staying for drinks afterwards, was followed home by D, one of the customers. D punched V causing a nosebleed. That was the ABH. He then pulled down V’s trousers and anally raped him. D held V down during the rape. The Judge found that there was gratuitous violence above that required to carry out the rape. D told V that he had been paid £1,000 to exact revenge on D for allegedly assaulting C. There had been an incident where D had ‘stood up’ to C physically following an argument. V was initially too scared to inform the police. D was aged 27 at appeal. The Judge described the incident as a planned and deliberate attack, which used sexual violence to punish, degrade and humiliate. Held. This was a sustained attack. The absence of a condom was an aggravating feature, as were the threats made to V. This case merited a severe sentence. Extended sentence (9 years custodial term and 3 years licence).

338.52Relationship rapeGuideline remarks

Att-Gen’s Ref No 1 of 2011 2011 EWCA Crim 930 LCJ Rape within a relationship, including marriage, is no less serious than rape by a stranger.

Banks on Sentence Copyright August 2011 No 1