Defending Yourself Against a False Allegation: FAQ’s
Have you been falsely accused and do not know where to start with defending your case? Our lawyers have answered some frequently asked questions concerning false allegations, and how we can bring our expertise to your defence.
Our all female legal team specialise in defending men and women accused of serious sexual offences and domestic violence, crimes which can often intertwine. We take a sympathetic yet pragmatic and robust approach to defending our clients.
I have been falsely accused; will I be arrested?
If a false criminal allegation has been made to the police, then they have a duty to investigate this, one of the lines of investigation will be to interview you, to obtain your response to the allegation and any defence you have to the alleged offence. However, this not necessarily mean that you will be arrested.
There are two ways police interviews
can be conducted; on a voluntary basis and under arrest. It is advised you seek legal representation for any police interview, regardless of whether it is a voluntary interview, or you are under arrest.
At Eventum Legal we endeavour in all situations to make sure our client is as prepared as possible for their police interview. Therefore, the earlier you instruct us the better. We will hold consultations with you, obtain as much information from the police as possible and ensure you are in the strongest position when you attend the station for your interview.
My partner has threatened to go to the police what will happen?
If you partner has threatened to go to the police to make a false allegation against you it is important for you to safeguard your position. We advise you seek legal advice as soon as possible and have a record of your concerns made with a lawyer. This way, if your partner does go to the police, we can refer to the record made, and that you had been threatened of police action by them.
At Eventum Legal we are often approached by client’s who are worried about false allegations being made to their police by their partner. There are many reasons for false allegations which arise from a relationship such as the breakdown of the marriage or relationship, childcare arrangements, financial reasons, revenge or to bolster family court proceedings.
If your partner does make a false allegation to the police, then you will be interviewed in respect of it as part of the investigation into the alleged offence. Raising any motive and/or defence must be done carefully to avoid your account being twisted and used against you.
I have been arrested what happens next?
If you have been arrested for a false allegation then you are likely to be released on police bail, unless it is deemed to serious, and you are a risk to the public.
Being released on bail means that the investigation is going to continue, and you will be required to answer back at the police station usually every three months. Each time that you attend the police station your bail can be extended by the police. The total period your bail can be extended by police is up to nine months, after the nine point mark the police are required to obtain consent from the magistrates court in order extend your bail further.
We typically see long periods of police bail where forensic examinations of electronic devices are required such as mobile phones. This is due to a nationwide backlog with the digital forensic units within the police. It can be very frustrating but having a pro-active legal team can ease your anxiety during this difficult time.
At Eventum Legal we offer pre-charge representation
at a fixed cost. This means we are here for you throughout the duration of the time you under police investigation. We take numerous steps during this period to pro-actively build your defence, advise you and liaise with the police and Crown Prosecution Service where necessary with the aim to avoid you being charged with a criminal offence. Our expert approach is tailored to each client's specific circumstances and therefore, we spend the time to get to know our clients and their circumstances to ensure the best outcome is achieved.
Will I be interviewed for a false allegation?
Yes, if an allegation is made against you the police will want to interview you as a line of enquiry. Even where an allegation is false, the police do not know this, and they have a duty to investigate.
Being represented during the police investigation for a false allegation is important, you may have material which proves your innocence, we can help you to present that in the strongest and most effective way.
I am being accused of an offence but there is no evidence, what should I do?
People often misunderstand evidence and believe that there has to be something tangible in order to prove that a person has committed an offence. For example, in an allegation of rape
or sexual assault
people will think DNA, medical injuries, restraint marks etc are required, but this is really quite rare in a sexual offence case as they are usually committed by a person known to the accuser.
For many years the courts have regarded a person’s word as evidence, this goes back to before the advancements of forensic science, and a person’s word remains to be considered evidence in criminal cases to this day. Therefore, do not be fooled by thinking that you cannot be falsely accused of a sexual offence or convicted just because it is one word against another.
I have been stopped from seeing my children due to a false allegation, what can I Do?
One of the most common and devastating consequences of false allegations whether they be of a violent or sexual nature, is the measures that can be put in place to keep you from your children. A person can be prevented from their usual family life and involvement with their children by way of bail conditions or social services. Sadly, it can be a motive of one parent to ostracise the other from their children, and knowing that a false allegation would allow them to succeed in this pushes them to proceed and report an allegation to the police.
Let us discuss this restriction with you, it may be that we can challenge the decision if it is related to police bail, or we can liaise with social services and advise you on the best steps to take to remain involved in your child’s life.
Will a false allegation get to court?
Yes, false allegations can get to court. The best chance you give yourself in preventing court proceedings is by instructed a specialist lawyer to pro-actively build your defence at the early stage to try to avoid criminal charges. Discussing your case with a member of our team will provide you with a proposed strategy whereby you will be defended, cared for and reassured that you have a team fighting your corner.
I have been convicted of a criminal offence but I am innocent, can I appeal?
Unfortunately, convictions happen to innocent people. Seeking an opinion on appealing your conviction may be beneficial to you, having experienced lawyers review your case, and the process of the trial may enable you to challenge your conviction.
Our team work with some of the country’s leading barristers who excel in examining cases to identify evidential or procedural errors, leading to successful appeal applications. We can guide you through the appeal process during our free initial consultation over the phone.
How Can We Help You?
It is important to know that not one case is the same, therefore seeking general advice in respect of your circumstances via friends, family or the internet is not advised. It is important to speak to a lawyer who specialises in the area of law applicable to you.
At Eventum Legal we spend the time with you to listen to your case, background and circumstances of the false allegations made against you, this initial discussion is free of charge. This way we can tailor a strategy unique to you ensuring that every detail is considered and dealt with properly, you can then decide if we are the right people for you and your future.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
