Correct on the date of publication - 23 February 2026
Question:
I am dealing with an allegation of rape. The victim was held down by the offender and assaulted. She thinks he penetrated her with his penis but is not absolutely sure. Will this be sufficient for a prosecution?
Answer:
To establish the offence of rape you do need to prove that penetration of the vagina, anus or mouth was achieved by the suspect. Whether this actually happened or not would be a question to be decided by the jury. There are elements of the law which would support your investigation. Under the common law the degree of penetration need only be slight.
The Sexual Offences Act 2003 did not comment specifically on this but does state that the term vagina would include the vulva (the external part of the genitalia), per the definition in section 79(3). You can prove penetration either by the testimony of the victim or by medical evidence (R v Doheny).
See also the question on Legal Q&A: Rape - investigative considerations in relation to eventual sentencing.
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