Being falsely accused of rape can leave you feeling as though you life has changed forever. Feeling depressed, anxious and worried about what others will think can be very difficult to handle and can take a toll on family relationships. The word ‘rape’ has a stigma attached and those accused will be concerned about being exonerated as quickly as possible.
People who have built their career and income on their name will be even more under pressure. They may experience loss of appetite and their life will not have the same level of enjoyment as before. They will feel shocked at being accused of a sexual crime, something they didn’t do.
This article should provide you with guidance and support on what you should do next to handle false rape accusations. If you cannot find an answer to the question you have about false rape accusations, contact us for more information. We can advise you on what to expect and what is required to get the best outcome in a case of this nature.
Are you the victim of False Rape Accusations?
If you are the victim of false rape accusations, please remember that it is not for you to prove your innocence. The prosecution are required to prove that you had non-consensual sex.
To help them prove this, the police will barrage through your personal life without regard to dignity and basic human rights of privacy. The impact of false rape accusations is immeasurable in view of the wide-ranging implications.
There are also situations where somebody will make false rape accusations in an attempt to secure financial gain from you or from the criminal injuries compensation fund.
The best way to protect yourself is to engage a competent lawyer experienced in the field of false rape accusations. This lawyer should also be eager and motivated to win their cases.
What happens in a False Rape Accusations investigation?
Unfortunately, many people accused of committing a crime opt not to take a solicitor with them to the police station interview. They don’t want to look like they feeling uncomfortable or awkward when they aren’t guilty of the crime and have nothing to hide.
The trouble with not taking a solicitor to the police interview is that police officers have specialist training in eliciting confessions and creating inconsistencies in your responses, so to make you look like an untruthful person. This evidence will be presented to the jury in the crown court in order to create the image that you cannot be believed over what the accuser is saying. In the absence of a lawyer, police officers don’t always operate in a fair and transparent manner thus it is crucial that you are supported by someone who knows the law and can defend you against the police strategies and tactics.
The police work hard to outmanoeuvre anyone they interview. Their role is to get a conviction and they certainly aren’t always seeking the truth of what occurred but rather, looking for evidence to prove your guilt.
What happens in a police interview?
As part of an investigation into false rape accusations, there will be a police interview. This will be under caution and held at a police station. This interview will be recorded and potentially used against you as evidence to gain a conviction.
In some cases, people fall into the trap of believing that engaging a solicitor to attend the police interview means that you’re guilty. This is not the case, and the police know that you should have a solicitor to accompany you to any police interview. However, they may try to tell you that you don’t need one. Don’t be fooled.
Being falsely accused of rape can have serious penalties if you’re found to be guilty. It’s vital that a defence strategy is crafted from the very beginning.
Which questions should you answer in a police interview?
Something else to note that, despite what you may believe, it is not always going to be in your best interests to answer questions during a police interview. The police are known for not disclosing all information so that they can catch out their suspect. If the situation is such that the officers are fully open and transparent, then, of course, answering the questions may not be damaging to your case. However, what the police are doing may not be clear to you unless you have experience of cases such as these.
Quite often the best approach to take is to make a statement that is limited but communicates the defence’s position. Once you get caught up in the mind games and traps, it could put you into a difficult situation.
Engaging the help of an experienced rape solicitor will give you the guidance that you need. This guidance may include the recommendation that you do not give an account at interview, at least not before all the forensic results have been seen.
What is the law on rape?
The Sexual Offences Act 2003 covers rape in section 1. It’s a crime that can be committed by either a man on a woman or another man. It comprises oral, vaginal or anal intercourse, which is non-consensual.
For a person to be held guilty, he must be aware that the other person did not consent. In court, the jury will consider whether there were any steps taken to confirm whether the other person agreed. Although this may seem rather odd, sexual communication is more about action than words, and verbally asking for consent is a rare occurrence.
If the other person does not object actively, they may still be classified as not having consented. It’s not required by law to put up either a verbal or physical fight. There does not have to be violence involved for it to be rape. The Jury will consider the entire situation and whether there was an agreement.
If violence was involved, either applied or threatening, then it will be assumed that the sex was not consensual. This is also the case if a person pretends to be a person that the victim usually has sex with, such as their husband.
How Can Stuart Miller Solicitors Help?
Our expert rape solicitors have defended those facing false rape accusations for more than 35 years. We provide advice and representation in false rape cases almost daily. Proud of our tenacity, our energetic and proactive approach to defending these allegations, we have achieved countless successes in false rape allegations.
Trials that are the outcome of false rape accusations are always heard in a crown court. To support us in representing you in the best possible way, we work alongside the best barristers in the country so that you have the best defence strategy. If we need defence experts to review forensic evidence, we access them. This may include psychologists, psychiatrists, DNA experts, IT data or mobile phone evidence specialists.
Every complaint will be cross-examined and your case put in such a way that it will positively influence the jury, and does not alienate them in any way.
What the prosecution must prove
To prove you have committed a crime, the prosecution will have to show that:
You have penetrated the victims private part and / or mouth; and
The victim did not give consent for this act to be carried out
In proving their case, the prosecution will serve the evidence they wish to rely upon at trial. Our rape lawyers will carefully study this evidence, will identify material which is not legally permissible in court, will contest unlawfully obtained evidence and most notably, will challenge the credibility of any witnesses giving testimony.
We will work with you to understand the circumstances surrounding the allegations and compare your truthful version of events against that documented in the prosecution evidence. We will pull out anomalies and undertake investigation work to find any third party evidence to support your defence.
Whether we go door-to-door looking for witnesses, extract CCTV footage from the venue at which you met or interview others with circumstantial knowledge; our rape solicitors will do whatever needs to be done to win your case.
Can you go to prison for a conviction of false rape accusations?
If you were to be found guilty of rape, the maximum sentence is life imprisonment. However, the judge will look at all information and circumstances. It’s vital that you get a good defence lawyer to work on your defence with you. In the event that you are convicted, your solicitor will do anything their power to present convincing and compelling mitigation on your behalf and convince the judge to impose the most lenient sentence allowed by law.
The issue of consent
The issue of consent is a vital key to the case and is often the most tenuous part of a false rape accusation. The turn of events is extremely important and we will work with you to understand the sequence. If there were others around you, if you exchanged numbers, if you were already known to each other, if you swapped social media sites, where you had sex and how many times, whether you were drunk or had taken drugs etc. are all crucial points for us to study. Whilst doing so, we will also prepare you for the day you are called into the witness box and asked to give evidence yourself as this is a point at which quite often, cases make or break.
Book a free consultation with an expert false Rape allegations Solicitor
In a case of this nature which involves intimidating and complex investigations or even prosecutions, you will need experienced advice at every crossroad. To understand each other and ensure we can work together, we will offer you a free consultation for you to discuss your case with us. Our false rape solicitors will listen to your side of the case, talk you through the process and discuss how the case should proceed so you can make an informed decision on representation.
Please contact us and ask to speak to our rape lawyers to arrange a meeting in person, online or by telephone. If you prefer, you can WhatsApp us from the link you will find on this page.
What will happen when I instruct a RAPE SOlicitor?
Our rape solicitors will make it their job to act discreetly and sensitively to your needs. We are aware as to how this may be affecting you and want to help and support you in the right way. Rather than second guess the issues, our lawyers will advise you accurately and effectively so you can ease your mind and build confidence in your defence case.
Would you like to discuss your case before instructing us?
To arrange a chat with us before you engage us to take your case, call us now.
We can also represent you at the police station if you’ve been arrested. We can also look at securing your legal aid.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.
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