Rape accusations – why you need immediate legal advice
Lawtons Specialist Rape Defence Solicitors in London are experts in defending clients facing serious accusations of rape and sexual assault. We understand how distressing and confusing an accusation of this nature can be. Getting professional guidance as soon as possible is essential.
Our solicitors will help you to understand the whole process, starting with the investigation and your interaction with the police, advising you on the best course of action at every step.
How are rape accusations investigated?
Once reported to the Police, rape investigations will swiftly get underway and the Police will immediately examine the scene of the alleged crime for evidence. This may include footprints, fingerprints, DNA evidence and CCTV images.
If the alleged rape occurred within the previous seven days, the Police will ask the complainant(s) if they would like to have a forensic medical examination to uncover any evidence on their person.
It’s likely that they will also take samples from you, such as saliva, oral swabs or footprints. For some substances, such as blood or intimate body samples, they’ll need your permission to take samples.
What happens after you’ve been accused of rape?
The Police will typically act quickly to apprehend the accused, often approaching them either at home or at their place of work. They will likely ask you to attend the Police Station with them where you will be interviewed under caution.
Due to the nature of the allegations, the police will have to ask sensitive questions around your personal life and relationships, which might be difficult to face. This is where experienced solicitors can help you to remain calm, advising on whether to answer questions and how to do so. We’ll also help you to concentrate on answering questions as fully as possible, where appropriate, without incriminating yourself.
What happens after you’re arrested for rape?
After you have been arrested and interviewed by the Police for an allegation of rape, it could be that you’re temporarily detained in custody at the Police Station where you were interviewed or that you’re transferred somewhere else following questioning.
Often, you will be released on bail, sometimes with certain conditions attached. These conditions may include:
- Living and sleeping at a specified address
- Staying away from particular locations
- Reporting regularly to the Police Station
- Refraining from contacting certain people
You may remain on bail or in custody until your first court date. Initially, you will appear at the Magistrates’ Court where you’ll be asked to indicate a plea. For allegations involving rape, your case will be sent to the Crown Court, where you will either stand trial or plead guilty and be sentenced.
What should you do if you’ve been accused of rape?
Following an allegation of rape against you, it’s vital to have expert legal guidance from the very start of the case. Your solicitors will work with you to establish a strategy for your defence – and prepare you for the legal process ahead. Lawtons Solicitors are based in London and the South East and have succeeded in having charges dropped before court in many cases.
The most important piece of advice we can give you is to stay away from the complainant as having any contact with them can adversely affect your case. There is the risk that you may be charged with a further offence of witness intimidation if you contact the complainant or another witness when you shouldn’t.
What needs to be proved at Court in a rape case?
Under the Sexual Offences Act 2003, an incident of rape occurs when Person A intentionally penetrates Person B without their consent and without reasonable belief that the other person consented.
In order to secure a rape conviction, the Prosecution must prove:
- That the complainant did not consent, and
- That the defendant did not reasonably believe that they consented.
Reasonable belief in consent is determined based on whether Person A genuinely believed that Person B was consenting and whether a reasonable person in the same situation would have reached the same conclusion.
Why do you need a solicitor if you’re innocent?
Even if you’re not guilty, you should always have a criminal defence solicitor on your side – particularly when it comes to serious allegations such as rape.
Lawtons Criminal Defence Solicitors in London will properly formulate a thorough and convincing defence to help establish your innocence as quickly as possible. Once the investigation and possible court proceedings are underway, we can help to manage the damage to your reputation, both personal and professional.
What happens to the complainant if you’re found not guilty?
Depending on the circumstances, the Police may or may not take action against your accuser. If warranted, the Police can charge the complainant with perverting the course of justice with false allegations, which can carry a life sentence. However, a sentence that severe is very unlikely.
False accusers are more likely to face civil action for defamation of character. This course of action may be particularly appropriate if you’ve lost your job as a result of the accusations. Unfortunately, this is something that Lawtons are unable to assist.
What happens if you are found guilty of rape?
The consequences of being found guilty of rape are severe. According to the sentencing guidelines for rape, judges can hand down custodial sentences of between 4 and 19 years, with a maximum sentence of life imprisonment.
Any conviction for rape will carry a prison sentence, but different categories and levels of culpability convey different minimum sentences. These categories are determined by the extent of harm to the complainant, such as if they suffered any psychological harm or were abducted.
There are also possible mitigating factors that can be considered by the court, which can include:
- Showing remorse
- No previous (or recent) convictions
- Previous good character
- A mental disorder or learning disability
Factors like these will help your solicitors to put your case together.
How can Lawtons Criminal Defence Solicitors help you?
Being accused of rape or any kind of sexual offence can be distressing and have a significant impact on your future. If you are facing a charge of rape or any kind of sexual offence, get in touch with our expert sexual offence solicitors in London and the South East immediately to secure the best possible outcome.
