False Sexual Allegations for Revenge
The thought of someone making a false sexual allegation for revenge sounds ludicrous, and ordinarily we would agree but, sadly this does happen and we often defend clients in this very situation. The majority of cases that concern the scenario of false sexual allegations for revenge are aimed at men, although we have represented few women in these circumstances.
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There are many reasons why people make false allegations, the
Daily Mail
recently published an article about a nurse who set out to make false
sexual allegations
against her male colleague, who had reported her for the physical and mental abuse she had inflicted on patients in a care home where they worked. Ruxandra Sarbut confided in another member of staff that she would claim the whistle blower had lifted her up and groped her backside, an allegation which was completely unfounded, and made as part of her plot for revenge.
The consequences had this allegation gone as far as it possibly could have would have been devastating on the male colleague. The power a false sexual allegation has can cause devastating effects on the lives of the accused, their families and their career. It can lead to court proceedings and even prison.
Aside from the potential for work colleagues to make false sexual allegations when something doesn't quite go there way, or as a plot for revenge we see false allegations made in other scenarios such as:
- When one party to a relationship wants it to end and the other doesn't, a response can be to make a false sexual allegation to the police.
- A breakdown of a marriage and efforts are made to stop a father seeing their children. False sexual offences can be reported with an aim for the allegation to bolster family court proceedings.
- Medical professionals treating patients can be accused of sexual assault.
- Teachers accused of sexual assault or relations with students.
There are all manner of every day scenarios that can take place where someone feels aggrieved by how they are treated, or by a particular outcome. But, instead of applying a rationale approach they proceed to make false sexual allegations landing innocent in people in trouble with the law.
What Has Led to the Ease of Being Able to Make False Sexual Allegations?
It may seem that the phrase "I have been sexually assaulted" is thrown around too easily in todays society, we certainly can see more and more sexual offence allegations coming before the courts and into the public domain, but what has led to this?
There is vast amounts of publicity regarding sexual assaults both in the news and social media. Very high profile cases in recent years have opened the flood gates for sexual abuse to be reported to police, and as a result it is more accepted today for someone to confide in another that they have been sexually abused. Because of the increase in sexual allegations, and due to special police operations being deployed for high profile and large cases, the way in which the police and Crown Prosecution Service now approach sexual assault allegations is to automatically believe the complainant and push to prosecute, even where the case lacks evidence and consistency.
Although we appreciate the seriousness of such allegations, and quite rightly the police must investigate these cases, it is a fact that people do make false sexual allegations, and some may argue it is too easy for them to do so.
What Does a False Allegations Mean for the Accused?
Suspects in sexual cases are put on the backfoot immediately and treated as guilty before they have even been given the chance to provide an account. With heavy handed arrests, long waits in police cells and devices being seized from them it is a very distressing experience, even more so when the accused is innocent. The results of a
police investigation
can lead to restrictions on work, family life and relationships, often these restrictions can last an incredibly long time due to the back logs police have investigating criminal offences.
Clients will often approach us and say they feel that they have already been convicted and are serving a sentence before they have even faced the charging decision.
Aside from the physical aspects of being falsely accused, there must be consideration given to the impact on the mental health of the suspect; depression, anxiety and self harm are all common responses to being accused of a sexual offence even when a person is innocent.
What Will the Police do When a Sexual Assault Allegation is Made?
The police have a duty to impartially investigate allegations made to them however, in reality we have seen many investigations concerning our clients investigated anything but impartially. The general approach to the first stages of a
police investigation
in sexual assault cases will be as follows:
- Take an account from the complainant (the person making the complaint) . This can be a short account enough for them to determine a necessity for arrest.
- Arrest the accused, it is rare for first interviews to be held voluntarily and there will usually be an arrest. An arrest also allows for police to impose bail conditions on the suspect.
- Interview and in most cases place the suspect on bail. There is also the possibility a suspect can be held in the police station and taken to court the following day for it to be determined whether they should be bailed or remanded into prison.
- Obtain in most cases a video recorded interview with the complainant and gather any evidence which may assist a prosecution.
The steps and enquiries made by police will vary on a case by case basis. It is dependent upon the circumstances of the case and the parties involved as to what action needs to be taken for the police to build a case against the accused.
What You Should Do If a False Sexual Allegation is Made
- Seek legal advice immediately and commence pre-charge representation, do not try to tackle the legal aspects of any allegations on your own, even if you have legal experience; you are too emotional and cannot take an objective view when the allegations are made against you.
- Do not contact the complainant directly, this could only land you in further trouble.
- Retain any evidence you have such as phone call logs, text messages, social media interactions, and evidence of your whereabouts if a specific date/time has been given.
- Work with your legal team to present the evidence to the police and CPS where it is in your best interests to do so.
How We Can Help
Our team are dedicated and experienced in defending false sexual offence allegations. We have witnessed and understand the ability for a person to be falsely accused of a sexual offence and are passionate about stopping such allegations in their tracks. We take cases on at all stages of proceedings and give assurances to our clients that we will take a robust and no stone unturned approach to defending their position and protecting their legal interests.
For a
free initial consultation
about your case contact our friendly and approachable team who will spend time with you to discuss your circumstances.
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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.
