There are several reasons why a person can find him or herself wrongly accused of a sexual offenceof any kind, including from rape to the alleged making/possessing/distribution of indecent images.
The allegation may be false in its entirety or, certainly, with a rape or touching allegation it may be that consent is the issue.
The fundamental cornerstone of the criminal law in England and Wales with indecent images (commonly known as IIoC) there could have been inadvertent downloading of illicit material by peer to peer file sharing and the like.
Here we provide a brief guide on what to do (and what not to do) if falsely/wrongly accused of sexual offences. You can also now read answers to some of our most frequently asked questions.
This is especially true if an individual is defending allegations of rape, sexual assault or other sexual offences, as the identity of the accused is rarely protected in such cases.
The prospect of Court proceedings, being sentenced to a term of imprisonment or a period of time on the “Sex Offenders Register” when falsely accused of such a crime can cause untold trauma.
The fundamental cornerstone of the law in England and Wales is the right to be presumed “innocent” until proved guilty. However, that does not mean that legal proceedings will necessarily run smoothly for the party who believes that he/she has been wrongly accused. Parties should not confuse “innocence” with being found not guilty.
The legal process and the substantive law are not in a falsely accused person’s favour.
Here we provide a brief guide on what to do (and what not to do) if falsely/wrongly accused of sexual offences in England or Wales. We will also discuss the approach to criminal defence where an individual faces a trial at Court based on incorrect charges.
Falsely accused of rape help - If you have been accused of rape or sexual assault, Contact our Lawyers Today
To speak to our Sexual Offences Lawyers please contact us on 07798 753 720 or complete our online contact form.
Behaviour following a false accusation of a sexual offence
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Seek Legal Assistance
It is vital that individuals seek legal advice where false accusations have been made against them. This includes obtaining the best advice possible at the police interview stage as what is said in an interview can often form part of a defence statement and of course the full defence at trial.
The criminal law and procedures that apply differ depending on the facts of the case. The law in this respect can be complex. A wrongfully/falsely accused person will be in the best position to defend against false sexual offence allegations of a sexual nature where represented by an experienced lawyer who has a deep understanding of the criminal justice system in this respect.
It is not uncommon for people who have been falsely accused of a sexual offence to try and take matters into their own hands in the hope of resolving the situation quickly and with minimal impact. This is especially common in cases where the Complainant is known to the accused, for example, a neighbour, colleague, partner/former partner or family member.
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Avoid Raising Suspicion
It is not uncommon for people who have been falsely accused of a crime to try and take matters into their own hands in the hope of resolving the situation quickly and with minimal impact. This is especially common in cases where the Complainant is known to the accused, for example, a neighbour, colleague, partner/former partner or family member.
In most circumstances, behaviour like this only makes matters worse for the wrongly accused person, as there is a high risk that the stress and upset involved could cause them to act in a way that is damaging to their case. By way of example, it would be detrimental to their situation if someone who is falsely accused of such an offence to then approach the Complainant either directly or via a third party and be abusive or physically violent towards that person or to attempt to persuade them not to continue with the allegation.
Although it may seem impossible, it is very important for someone who is wrongly accused to remain calm in order to avoid aggravating their situation. This means, where possible, avoiding any interaction with other people who are involved in the investigation, including the complainant and any witnesses. Where contact with such people is unavoidable, it is recommended that a witness who is not involved in the case be present.
When facing false criminal accusations it is vital that evidence that could be used during the investigation is not interfered with. Hiding or destroying evidence that a wrongfully accused person believes could be incriminating will only raise suspicion and these actions are likely to be used to support the case against them.
It is recommended that a client consult their solicitor before taking any actions that could have a negative impact on the investigation.
Click here to read our article "Make it All Go Away"
False/Wrong Accusations of Rape, Sexual Assault or other Sexually Motivated Crimes – Criminal Defence
Where a person who believes that they have been wrongly accused of a sexual offence crime faces trial before a Criminal Court, we will closely examine the Prosecution's case and evidence with the purpose of establishing that one or more of the essential elements of the crime have not been met.
We may make applications in relation to the Complainant’s bad character, previous sexual history (known as a Section 41 Application) and other applications in an attempt to obtain further and better disclosure and information from the Prosecution that may assist the Defence.
Highly valuable evidence collected from police reports; witness and experts statements and any other relevant evidence (including Prosecution unused material) and third party material (such as medical reports and Social Services information) may be used to demonstrate the allegations to be false or in order to enhance defence.
Sutton Defence Lawyers Professional Legal Advice and Criminal Defence
It can be distressing and feel very unjust to be wrongly accused of a sexual crime. Our experience in all matters of criminal defence, and our deep understanding of the impact that false accusations can have on both those wrongly accused and their families, means we are excellently placed to provide advice and representation in these cases.
The distress and confusion of legal proceedings can be significantly reduced if expert legal advice is sought at an early stage. At Sutton Defence Lawyers, our specialist criminal defence lawyers are ready to offer professional legal advice and representation from the initial police interview to proceedings at court.
We take a diligent approach to each case, carefully examining all the evidence and creating defence statements that will achieve the best possible outcome for our clients. With a genuine appreciation for the effect that being falsely accused of a sexual offence can have, we always put our clients' interests first.
Court proceedings for sexual offences
In the United Kingdom, court proceedings for sexual offences are conducted with utmost care and sensitivity to ensure justice for victims and defendants alike. Magistrates courts play a significant role in the initial stages of these proceedings. When a sexual offence is reported, the case is usually brought before a magistrates court for a preliminary hearing. During this hearing, the magistrates review the evidence presented by the prosecution and determine if there is sufficient cause to proceed with a trial. They may also consider bail conditions and decide whether the case should be heard at the magistrates court or transferred to the Crown Court for more serious offences. Magistrates courts provide an essential forum for addressing sexual offences and play a crucial role in upholding the principles of fairness and justice throughout the legal process.
Led by criminal defence lawyer Stuart Sutton, our Special Casework Team is made up of some of the best criminal defence lawyers in the UK. Well-known for their professionalism and expertise, as well as their client-focused approach, they are able to identify the available options to ensure the best possible outcome.
Led by criminal defence lawyer Stuart Sutton, our Special Casework Team is made up of some of the best criminal defence lawyers in the UK. Well-known for their professionalism and expertise, as well as their client-focused approach, they are able to identify the available options to ensure the best possible outcome.
Contact Our Sexual Offences Defence Lawyers (Yorkshire, London, Birmingham, Manchester)
If you are the victim of false allegations of sexual crimes, you need an experienced solicitor on your side. We can provide specialist advice tailored to your specific circumstances and the alleged offence. Our expert sexual offence solicitors are available 24 hours a day, 7 days a week, ready to advise and assist. For more information, please contact Stuart Sutton on 07798 753 720.
