Defending a False Rape Allegation

Taking a logical approach to ensuring the best chances of defending a false rape allegation is crucial, our lawyers have put together some key considerations to have when false allegations of rape are made against you. 

1. Specialist Legal Representation 

Instruct an experienced and competent lawyer: it is important to retain a criminal defence lawyer who specialises in defending sexual offence allegations as soon as possible. They can guide you through the legal process, protect and advance your rights and begin building your defence strategy. Your lawyers can point the police down particular lines of enquiry that may assist your defence, speak to potential witnesses, and liaise with the Crown Prosecution Service prior to any charging decision to try to prevent court proceedings against you. 

2. Gather Evidence

Preserve communication records: Save text messages, emails, social media interactions and any other form of communications between you and your accuser. These can provide context to potentially support your defence. 

Witnesses: Your lawyers can obtain statements from all parties who may have relevant information regarding the events in question. Witnesses can confirm your story or provide character reference to support you. Your lawyers can gather statements on your behalf at the police investigative stage of your case, and they can be used to assist the police and the Crown Prosecution Service in making their decisions.

3. Establish Alibi

Document your whereabouts: Provide evidence (receipts, videos, GPS data) that confirms your location at the time of the alleged offence if you were elsewhere.

4. Forensic Evidence

DNA and Physical Evidence: If applicable, provide DNA evidence or other forensic data that might support your defence. This could include evidence that confirms the timeline or circumstances. 

5. Character Evidence

Good Character Evidence: Your lawyers can collect testimonials on your behalf from people who can verify your character, behaviour and history. This can assist in demonstrating that the accusations against you are out of character, and therefore you are less likely to have committed the alleged offence. 

6. Behaviour Analysis

Analyse your accusers motive: Work with your lawyer to establish why a false rape allegations is being made against you examples may be; revenge, financial gain, or personal disputes. 

7. Psychological Evaluations.

Assess Mental Health: If relevant, undergo a psychological evaluation to demonstrate your mental stability and counter any claims of harmful behaviour. At Eventum Legal we work with a number of court approved clinical psychologists who assist our clients, we can work with you to ensure you have all the reports required in place to defend false allegations. 

8. Mental and Emotional Support

Seek Counselling/reach out to charities: Being falsely accused of a sexual offence is emotionally and mentally draining, consider seeking professional counselling to help cope with the feelings of stress and anxiety. Our client care team will be able to assist in signposting you to charities who will assist you in getting the appropriate support. 

9. Follow Legal Advice

Be open to discussing your case and working with your lawyers. The benefit of having a lawyer is not only their knowledge and expertise, but their ability to look at your case objectively. They will focus on the issues without emotion and ensure the right decisions and actions are being taken to protect you. 

10. Adhere to any bail conditions. 

Do not contact the complaint, any prosecution witnesses or their associates. This could potentially harm your defence and be seen as witness intimidation, a further serious offence. 

Acting quickly when a false sexual allegation is made against you is crucial. Since the publication on new pre charge guidance issued to the CPS the emphasis really is on engaging with defence solicitors pre-charge, to narrow down issues in case and to allow the correct decisions to be made.

Our lawyers have a reputation for securing no further action following a police investigation, we have helped many client's defend their case and protect their reputation. If you, a family member or friend has been falsely accused of a sexual offence, contact our office today by completing a contact us form, or calling on 0161 706 0602. 


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