False Sexual Allegations: The Consequences on the Accused
Allegations of sexual assault, both true and false, are common and cause considerable harm to the accused, their
family and friends. It is often a persons worst nightmare to be accused of a criminal offence which they strongly deny, yet find themselves still having to go through the process of answering to the allegation and defending their case. Undergoing a
criminal investigation
for something that you did not do can feel overwhelmingly unjust. But what should you do if you find yourself in this situation?
Deliberate fabrications are usually motived by personal gains such as material profit, revenge, provide an alibi, or to win sympathy. Sometimes, those making false allegations may have underlying mental health issues. Other cases of wrongful allegations arise when accusers sincerely but falsely believe they have been sexually assaulted, either naming the wrong person or recounting an event that did not occur.
The premise that false allegations rarely happen, and that all sexual offence complainants must be believed, has led to prosecution policy assuming presumptive guilt of the defendant, which immediately puts those accused on the back foot. Not only does the accused have the stress, upset, anxiety and expense of defending their case but the irreparable damage can and often does extend to their reputation, loss of their job, feeling stigmatised by friends and family and worse case they can be sentenced to prison.
Is it a criminal offence to make a false allegation?
There are two criminal offences that could apply when a person makes a criminal defence depending on the circumstances; perverting the course of justice and wasting police time contrary to section 5(2) of the Criminal Law Act 1967
Perverting the Course of Justice
A person commits this offence when they commit an action or series of actions that have a tendency to and are intended to interfere with the administration of justice. The offence is extremely serious and is triable only in the Crown Court. The CPS are generally cautious about the circumstances in which they bring a prosecution for an offence of this type, and therefore a prosecution will usually only be brought where the interference with justice has had serious consequences, for example; where an innocent person is convicted.
Wasting Police Time
Wasting police time is another offence that be brought against someone who has made a false allegation. This occurs where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed or to give rise to apprehension for the safety of any persons or property, or tending to show that he or she has information material to any police inquiry.
How to Defend Yourself Against False Allegations
Your priority when a sexual allegation is made against you should be to
contact a criminal defence lawyer.
Even where you know the allegation is false, you should take the investigation of you seriously and all steps necessary to protect your reputation and your defence. At Eventum Legal we deal solely within the niche area of sexual offence defence
and offences of
domestic violence
which often come hand in hand. Because of our commitment to the defence of sexual and domestic violence allegations we pride ourselves on our ability to expertly craft our client's defence.
How Can You Prove Your Innocence When Falsely Accused of Sexual or Domestic Violence?
The burden of proof in any criminal case lies on the prosecution, and we are strong believers that a person is innocent unless they can be proved guilty. However, in cases which concern sexual allegations or domestic violence the evidence can ultimately come down to one word against another and therefore, ensuring you are heard and your account with supporting evidence is presented clearly is crucial regardless of your innocence. Vital considerations to have when falsely accused of a sexual offence, or a false allegation of domestic violence:
- Any text message communications with the complainant
- Phone call logs with the complainant
- Social media interactions
- Copies of emails
- Evidence of any abuse you have suffered
- CCTV
- Third party material (GP Records, social services records etc)
- Defence witnesses
Our team of lawyers would work to gather the above relevant information and work through this with you to build your defence.
Can a Case go to Court When it is One Persons Word Against Another?
In short, the answer to this question is yes. Many cases, particularly sexual offence cases go to court where it is one word against another. In some instances there may be disclosure witnesses, these are witnesses who the complainant has disclosed the allegations to, but how much weight can be given to such evidence depends on not only the credibility of the complainant and the witness, but also the time frame to when the disclosure was made.
Any evidence that leans towards supporting the complaint and adding strength to it, the defendant can also obtain as your word is just as important and of evidential value as the complainant. Therefore, spending as much time as possible to go through your account and prepare your defence is what we aim to do.
What to do Next if You Have Been Accused of Sexual or Domestic Violence?
Seeking legal advice is the first steps, contact our lawyers
for a free and confidential chat about your case. It can sometimes be difficult to pick up the phone and talk about sensitive matters but please be assured our team are friendly and non judgemental, we have been working on sexual offence
and domestic violence
cases for many years.
We will take a full detailed background from you, your account and response to the allegations. We will then form a defence strategy to put you in the strongest position possible moving forwards.
Protecting your legal rights and interests is our priority when we are acting for you, securing the best possible outcome in your case.
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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.
