Falsely Accused of Rape
Being falsely accused of rape is life-altering. The legal system presumes innocence until proven guilty, but this presumption is not as straight forward as it seems, and it may feel that you are fighting for your life when trying to defend yourself, a strong legal strategy is essential to ensuring a fair outcome.
At Eventum Legal our specialist team of lawyers have been defending rape allegations for many years at the Crown Court and appealing rape convictions in the Court of Appeal. We understand the evidential issues that can arise, the legal rules and principles in place in such cases and therefore, can expertly craft your defence to put you in the strongest possible position whilst we also provide support to you.
Facing a rape allegation is a serious legal matter that must be handled with the utmost care, professionalism, and urgency. Here are 10 critical steps to take if you’re accused of rape:
Legal Advice and Representation
If you have been accused of rape you need to obtain specialist legal advice and representation straight away, even if you are innocent. Rape is a serious offence contrary to section 1 of the Sexual Offences Act 2003, and carries a maximum sentence of life imprisonment, ensuring your legal position is protected and defence advanced is crucial. We would advise not speaking to police until you have spoken with a lawyer.
If you have been arrested and under police investigation then considering instructing a lawyer at the pre-charge stage of your case is important, particularly when accused of rape. Our pre-charge engagement provides the accused with the following:
- We become the middle person between you and the police, meaning your interests are protected and defence carefully advanced.
- We make enquiries on your behalf. Whilst under investigation the police are going to be making enquiries in order to gather evidence, which could potentially strengthen the case against you. You are entitled to do the same, working during the pre-charge stage of your case to identify and obtain defence evidence.
- Support, our team endeavour to provide a high level of care to clients who find themselves accused of very serious and sensitive offences.
- We present your defence to the CPS by way of pre-charge representations. This is a document carefully prepared which highlights evidential weaknesses the prosecution may have and presents defence material which may assist you.
Alibi
Do you have an alibi? You may know very little about the allegation when you are first arrested or become aware of the complaint, but your legal representatives will work to obtain pre interview disclosure which provides us with the ability to identify whether there are any alibis who may support you.
Defence Witnesses
If you have been accused of rape, then you need to consider witnesses who may add strength to your defence. There are two types of witnesses: witness to fact and witness to character.
A witness to fact may have been present on the day or night of the alleged rape offence and may be able to comment on the behaviour of those involved, lending information which could undermine the allegation.
A witness to character is someone who knows you and is able to provide positive evidence of the type of person you are, taking away the likelihood that you have committed the offence.
We will explore all possible witnesses and speak to them on your behalf.
CCTV
Considering any CCTV opportunities is crucial and speed should be applied to identifying CCTV footage due to the time limit you may have to secure this. Public and private CCTV is often overwritten after a period of time, this can be anything from days to months.
Most offences of rape are alleged to have happened behind closed doors with only the accused and the complainant present. However, there may be CCTV evidence leading up to the alleged assault which shows the demeanour and behaviour of both parties.
A more common form of camera footage is in the use of ring doorbells, which can often show people coming to a home and leaving. This can be helpful if in existence and where the offence is alleged to have happened in a persons house.
Receipts/Bank Statements
We often represent clients accused of rape where intoxication is an issue, the complainant says that she or he was too drunk to consent. In addition to the above considerations, receipts and bank statements can be helpful to show the purchase of alcohol and if so, how much. Helping us to establish whether our client in fact purchased alcohol to a level where they would have been aware or aiming to render the complainant incapacitated through drink. However it is important to note, this alone would not necessarily prove that a person was not intoxicated, other factual and legal issues must be considered alongside.
Sat Nav Records/Cell Site Analysis
Were you somewhere else when the complainant says they were raped? Showing that you were in a completely different location can be helpful, one way of doing this can be looking at the satellite navigation history belonging to your vehicle. Your mobile phone may also help to prove your location and we can instruct experts to assist in locating your showing your phone location on a particular date and time, this is done through cell site analysis.
Text Messages and Social Media History
Often, complainants and the accused in rape cases know each other and there is often some form of mobile phone forensic evidence that plays a role in the case. Where there are messages between the parties in a case they can help to show the nature of the relationship and what was going on around the date the rape is alleged to have taken place. They may even show communication after this date, which could undermine the complaint in its entirety.
Social media can be a wonderful tool, and we often will watch the social media accounts of complainants where they are open to the public. Most people have a habit of posting their life on social media and therefore, there are often opportunities to find relevant material which can strengthen the defence case.
Do Not Contact the Complainant or Prosecution Witnesses
You are likely to have been made subject to police bail whilst the investigation continues after police interview. It is crucial you do not attempt, nor do you ask a third party to attempt, to resolve matters with the complainant. Any interference with a complainant or a witness for the prosecution could lead to your arrest, and further offences being alleged against you, such as witness intimidation.
Document Your Version of Events
Being accused of rape can bring with it a lengthy police investigation where naturally the accused is going to be anxious, stressed and upset. Documenting your recollection of events with the complainant can be useful, as the passage of time can lead to holes in your memory, potentially putting you at a disadvantage further down the line.
Do Not Discuss Your Case Publicly
Do not post anything about the case on social media. Anything you do or say whilst under police investigation or awaiting trial can be used against you.
How Eventum Legal Can Help You When Accused of Rape
A free initial consultation is the first step to us helping you to navigate an allegation of rape. During our consultation we will listen, understand and support you, providing a defence strategy as to how we can proactively move your case forward and help you to prove your innocence.