Rape and Sexual Assault Solicitors

Allegations of rape or sexual assault can arise from varying circumstances, with disputes concerning consent, the alleged offence or the reliability of the available evidence potentially shaping the course of an investigation. Given the severe consequences that can follow from allegations of this nature, obtaining specialist legal advice from rape and sexual assault solicitors at your earliest opportunity is vital to ensure your interests are protected and your response to police is considered from the start.

What Is Rape?

Rape is defined under Section 1 of the Sexual Offences Act 2003 as intentionally penetrating the vagina, anus or mouth of another person with the penis, where that person does not consent and the accused does not reasonably believe that consent has been given. Whether belief in consent was reasonable depends on the circumstances of the case, including any steps taken by the accused to establish whether the other person consented.

As the statutory definition of rape requires penetration with a penis, a biological woman cannot be convicted as the principal offender. However, this does not prevent a woman from being convicted of rape as a secondary party where she assists or encourages a man to commit the offence. 

What Is Sexual Assault?

Under Section 3 of the Sexual Offences Act 2003, sexual assault is committed where a person intentionally touches another person in a sexual manner, without their consent and without reasonably believing that they consented. This broad definition means that the offence can arise from a wide range of unwanted sexual contact, with the central issue being whether the complainant consented and whether the accused nevertheless believed that consent had been given.

The circumstances and nature of the alleged conduct can vary significantly, with sexual offences including:

• Sexual assault by penetration: Section 2 of the Sexual Offences Act 2003 covers assault by penetration, where a person intentionally penetrates the vagina or anus of another person with a body part or object, without consent or reasonable belief of consent.
• Sexual activity with a child: Section 9 of the Sexual Offences Act 2003 makes it an offence for a person aged 18 or over to intentionally engage in sexual activity with a child under the age of 16. The offence applies even where the child appears to have consented, as the law does not recognise a child under 16 as legally capable of consenting to sexual activity.
• Historic sexual abuse: Investigations into offences alleged to have occurred many years ago heavily rely on witness statements and available records that may help establish whether the accused was at the relevant location or had contact with the alleged victim. These can include medical and employment records that may provide evidence capable of supporting or challenging the allegation.

What Happens When You Are Accused of Rape?

Few criminal allegations carry the same potential consequences as an accusation of rape. Being arrested, taken to a police station and interviewed about allegations of this nature can be overwhelming, which is why knowing what to expect is important to ensure you make measured decisions at each stage, rather than reacting to the pressure of the situation. Seeking advice at the earliest opportunity from experienced rape solicitors is crucial to securing your legal position, understanding your rights and ensuring that they are properly protected while you are in police custody. 

While every investigation will vary depending on the circumstances of the allegation and the available evidence, the process generally involves the following stages:

Investigation and arrest

Allegations of rape are usually investigated by the police, who gather evidence from the complainant, the suspect and other potential witnesses. This can include examining messages, obtaining CCTV footage, carrying out forensic enquiries and establishing the circumstances surrounding the alleged incident. 

Depending on the circumstances of the allegation, the police may arrest you in order to obtain an account. It is important to note that being arrested does not mean you have been charged, or that the police have concluded that an offence has been committed, and you may be released on bail or under investigation while the police conduct further enquiries. 

Police interview under caution

Following an arrest, you may be asked to attend a formal interview under caution. While you do not have to answer the questions posed by police, there may be circumstances in which your failure to mention something that you later rely upon in court could harm your defence. For this reason, it is in your best interests to consider any evidence the police present before deciding whether to answer questions, provide a prepared statement or exercise your right to remain silent.

Pre-charge representation

In some cases, there may be opportunities for your legal representative to challenge the position of the police before a charging decision has been reached. This could involve identifying weaknesses or inconsistencies in their evidence, or providing evidence that supports your account of events. 

CPS review

In serious sexual offence cases, the evidence may be referred to the Crown Prosecution Service (CPS) for a charging decision. After applying the Code for Crown Prosecutors, prosecutors must consider whether there is sufficient evidence to provide a realistic prospect of conviction, as well as whether prosecution would be in the public interest. In some cases, the CPS may request that the police carry out further enquiries to inform their final charging decision, whereas other cases may be discontinued if there is insufficient evidence. 

Court Proceedings

If a charge is brought against you, the case will proceed through the criminal courts. Rape cases are exclusively dealt with in the Crown Court, where the prosecution will present evidence in support of their charge. With the support of specialist rape and sexual assault solicitors, you will have the opportunity to challenge that evidence and advance your defence. 

What to Do If You Are Accused of Rape

At Newtons Solicitors, we have witnessed the extreme stress that an allegation of rape can place on the accused, which has the potential to provoke anger, fear and other intense emotions. However, allowing these emotions to influence your actions can jeopardise your position throughout the investigation and any subsequent proceedings, which is why it is essential to take the following steps in order to protect your interests from the outset:

• Exercise Right to Remain Silent: You should only decide whether or not to answer questions during your police interview after obtaining legal advice from your rape allegation solicitor. While suspects have the right to remain silent, failing to mention information you may later rely upon in court can have consequences for your defence.
• Preserve evidence: Any evidence that may support your account or assist your defence should be retained at all costs. Nothing should be deleted, altered or otherwise interfered with, even where it appears damaging to your position.
• Do not contact accuser: Contact with the person who made the allegation against you should be avoided, regardless of the circumstances or your reason for wanting to communicate. Attempts to discuss the allegation, explain your position or ask for the allegation to be withdrawn could be misconstrued and adversely affect your case.
• Do not discuss the case publicly: Any public discussion of the allegation should be similarly avoided, including on your social media. Comments or posts made online may be obtained and used as evidence, while discussing an ongoing case publicly could potentially breach restrictions imposed during criminal proceedings.
• Avoid making statements without legal representation: Any formal statement with regards to the allegation should only be made after obtaining legal advice. Experienced sexual assault solicitors can advise on how to respond to questions from the police and ensure that any account you provide does not inadvertently harm your position.

Defences to False Rape Allegations

An allegation of rape can have serious and lasting consequences for the accused, with the offence carrying a maximum sentence of life imprisonment and resulting in indefinite registration as a sex offender. Even where an allegation does not result in conviction, the seriousness of the accusation can cause immediate damage to your relationships and reputation, making it crucial to obtain support to protect your current and future interests as soon as possible. 

By examining the circumstances surrounding the allegation, assessing the reliability of the evidence and identifying any inconsistencies, your rape allegation solicitor can develop an appropriate defence to protect your position. Potential defences include:

• False or malicious allegations: Where an allegation is untrue or has been made to cause you harm, evidence demonstrating the complainant’s motive or inconsistencies in their account may be relevant to your defence. False allegations solicitors will be able to assess the evidence to identify any material that could challenge the credibility of the allegation.
• Consent or reasonable belief in consent: In cases where the sexual activity is accepted but consent is disputed, the circumstances surrounding the alleged offence will be central to the defence.
• Factual denial: This defence may be appropriate where the accused disputes that the alleged sexual activity actually took place. Evidence such as location data, CCTV footage, witness accounts and forensic evidence may be able to demonstrate that the alleged offence could not have occurred as described.
• Identity dispute: In some cases, the accused may dispute being the person responsible for the alleged offence. By utilising digital records such as CCTV and location data, your rape defence lawyer can establish whether you were present or had the opportunity to commit the alleged offence.

Compassionate Support from Rape Defence Solicitors

With two decades of experience supporting clients accused of rape and sexual harassment, Newtons Solicitors has an extensive understanding of the legal frameworks governing these cases and the challenges faced by those under investigation. Our rape solicitors are committed to protecting the rights and best interests of every client throughout the investigation, while providing the reassurance and personal support needed to help clients cope with the impact of the allegations.

Some of the services provided by our specialist sexual offences team include:

• Representation at the police station: We can provide representation from the outset, including attending the police station and advising you before and during any interview under caution. Seeking legal advice at the earliest stage allows you to understand your rights while making informed decisions about how to respond throughout the investigation.
• Preparation of evidence: Presenting relevant evidence can be crucial to challenging a rape allegation, particularly where it supports your account of events or calls the allegation into question. 
• Client care and confidentiality: We understand the sensitive nature of sexual offence allegations and provide a confidential service throughout the investigation and any subsequent proceedings. As specialist sexual harassment solicitors, our priority is to ensure you have consistent legal support and are treated with dignity and respect at every stage of your case.

For more information about the support provided by our solicitors to those facing false rape allegations, or to discuss the details of your case with our team in a confidential consultation, please reach out to us today so that we provide advise tailored to your case.

Rape and Sexual Assault FAQs