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Sexual Offences

The Sexual Offences Act 2003 updated the law, much of which dated back to 1956.

The main provisions of the Act include the following:

  • Rape is widened to include oral penetration
  • Significant changes to the issue of consent
  • Specific offences relating to children under 13, 16 and 18
  • Offences to protect vulnerable persons with a mental disorder
  • Other miscellaneous offences
  • Strengthening the notification requirements and providing new civil preventative orders

Find out more about how we prosecute sexual offences

Home » News Centre » Press Releases » R v Burrell - CPS statement

R v Burrell - CPS statement

20/12/2004

The Crown offered no evidence in the case of R v Burrell at the Old Bailey today. The judge discharged the jury in the trial on 9 December and directed the prosecution to inform the court today if it would be making an application for a retrial. The prosecution has considered the matter and informed the court this morning that it will be offering no evidence in the case.

A CPS spokesperson said: "The complainant in this case was not well enough to continue giving evidence during the trial. She was examined by a forensic medical examiner, a sexual offences specialist, who gave evidence to the court on 8 December that she was not medically fit to continue with her evidence.

"Since 9 December the Crown has carried out a further review of the case, taking into consideration the current medical condition of the complainant, and the effect a further trial would have on her health and well being, and has decided to offer no further evidence in the case.

"We reviewed the evidence in this case very carefully before advising the police in April that there was sufficient evidence to charge the defendant with rape. Our advice was fully endorsed by counsel who was instructed. We are satisfied that our decision to bring this case to court was the correct one and there was sufficient evidence for a realistic prospect of conviction.

"Cases involving rape allegations where the issue of consent is a significant factor are often difficult to prosecute, but rape is a very serious offence, the evidence must be considered objectively and each case must be considered on its own facts and merits.

"We will always consider and apply for appropriate special measures to minimize the stress for vulnerable victims. In this case arrangements were made for the complainant to give her evidence from behind a screen. However, giving evidence and being cross examined in court is a difficult experience in any case, and particularly for a complainant in a rape case. The health and welfare of the complainant are very important and following discussions with the police and counsel we have decided that continuing with the case would be detrimental to the complainant's recovery and future health and for that reason have offered no evidence today."

Media enquiries to CPS Press Office on 020 7710 6091