Rape charge

[K0404]

If a rape charge gets to crown court does that mean the accused will get a jail sentence of some kind ?

[LineRunner]

Do you mean, what is the minimum sentence (as per sentencing guidelines) if found guilty of rape?

[AyeRobot]

Well, they'd have to be found guilty first. But, yes, the sentencing guidelines for rape start with a custodial sentence.

Do you need to talk about it?

[Bohica]

They will need to be found gulity and the trial will need to run against them with no prblems.

s everything ok K?

[K0404]

Ok so if he pleads guilty the Judge will decide how long to give him then but if he pleads not guilty then it goes to trial and gets found guilty then it'll a tougher sentence right? If at trial he gets found not guilty (god know how that could happen) then he gets nothing right? Just trying to comprehend what my ex partner will get

[AyeRobot]

Yes, I think that's how it works. Technically, it's a shorter sentence for a guilty plea, rather than tougher for a not guilty, iyswim.

Sorry he did that to you, K, and hope you get justice. Are you getting any support?

[scarlettsmummy2]

Poor you, will keep my fingers crossed for you. You can give your evidence via video link if it makes things easier if he pleads not guilty.

[K0404]

Yes line runner I do

[K0404]

I gave a video statement when it happened so that's my evidence in court. I won't have to speak in court unless it goes to trial and i have to be cross examined

[prh47bridge]

AyeRobot is right in that technically it is a shorter sentence for a guilty plea.

To answer your question, if he is found not guilty of any crime he will get nothing. Obviously there are no guarantees and I don't know the evidence in your case but almost 60% of rape cases that reach the courts result in the accused being convicted.

[LineRunner]

I always thought that the minimum was five years, but apparently that's a starting point and in 'wholly exceptional circumstances' it could be lower - although a 'unduly lenient' sentence can be appealed.

I found this which might be worth a read, and you might be able to contact them for support or advice.