False Sexual Allegations for Revenge

The thought of someone making a false sexual allegation for revenge sounds ludicrous, and ordinarily we would agree but, sadly this does happen and we often defend clients in this very situation. The majority of cases that concern the scenario of false sexual allegations for revenge are aimed at men, although we have represented few women in these circumstances.

There are many reasons why people make false allegations, the Daily Mail recently published an article about a nurse who set out to make false sexual allegations against her male colleague, who had reported her for the physical and mental abuse she had inflicted on patients in a care home where they worked. Ruxandra Sarbut confided in another member of staff that she would claim the whistle blower had lifted her up and groped her backside, an allegation which was completely unfounded, and made as part of her plot for revenge.

The consequences had this allegation gone as far as it possibly could have would have been devastating on the male colleague. The power a false sexual allegation has can cause devastating effects on the lives of the accused, their families and their career. It can lead to court proceedings and even prison.

Aside from the potential for work colleagues to make false sexual allegations when something doesn't quite go there way, or as a plot for revenge we see false allegations made in other scenarios such as:

When one party to a relationship wants it to end and the other doesn't, a response can be to make a false sexual allegation to the police.
A breakdown of a marriage and efforts are made to stop a father seeing their children. False sexual offences can be reported with an aim for the allegation to bolster family court proceedings.
Medical professionals treating patients can be accused of sexual assault.
Teachers accused of sexual assault or relations with students.

There are all manner of every day scenarios that can take place where someone feels aggrieved by how they are treated, or by a particular outcome. But, instead of applying a rationale approach they proceed to make false sexual allegations landing innocent in people in trouble with the law.

What Has Led to the Ease of Being Able to Make False Sexual Allegations?

It may seem that the phrase "I have been sexually assaulted" is thrown around too easily in todays society, we certainly can see more and more sexual offence allegations coming before the courts and into the public domain, but what has led to this?

There is vast amounts of publicity regarding sexual assaults both in the news and social media. Very high profile cases in recent years have opened the flood gates for sexual abuse to be reported to police, and as a result it is more accepted today for someone to confide in another that they have been sexually abused. Because of the increase in sexual allegations, and due to special police operations being deployed for high profile and large cases, the way in which the police and Crown Prosecution Service now approach sexual assault allegations is to automatically believe the complainant and push to prosecute, even where the case lacks evidence and consistency.

Although we appreciate the seriousness of such allegations, and quite rightly the police must investigate these cases, it is a fact that people do make false sexual allegations, and some may argue it is too easy for them to do so.

What Does a False Allegations Mean for the Accused?

Suspects in sexual cases are put on the backfoot immediately and treated as guilty before they have even been given the chance to provide an account. With heavy handed arrests, long waits in police cells and devices being seized from them it is a very distressing experience, even more so when the accused is innocent. The results of a police investigation can lead to restrictions on work, family life and relationships, often these restrictions can last an incredibly long time due to the back logs police have investigating criminal offences.

Clients will often approach us and say they feel that they have already been convicted and are serving a sentence before they have even faced the charging decision.

Aside from the physical aspects of being falsely accused, there must be consideration given to the impact on the mental health of the suspect; depression, anxiety and self harm are all common responses to being accused of a sexual offence even when a person is innocent.

What Will the Police do When a Sexual Assault Allegation is Made?

The police have a duty to impartially investigate allegations made to them however, in reality we have seen many investigations concerning our clients investigated anything but impartially. The general approach to the first stages of a police investigation in sexual assault cases will be as follows:

Take an account from the complainant (the person making the complaint) . This can be a short account enough for them to determine a necessity for arrest.
Arrest the accused, it is rare for first interviews to be held voluntarily and there will usually be an arrest. An arrest also allows for police to impose bail conditions on the suspect.
Interview and in most cases place the suspect on bail. There is also the possibility a suspect can be held in the police station and taken to court the following day for it to be determined whether they should be bailed or remanded into prison.
Obtain in most cases a video recorded interview with the complainant and gather any evidence which may assist a prosecution.

The steps and enquiries made by police will vary on a case by case basis. It is dependent upon the circumstances of the case and the parties involved as to what action needs to be taken for the police to build a case against the accused.

What You Should Do If a False Sexual Allegation is Made

Seek legal advice immediately and commence pre-charge representation, do not try to tackle the legal aspects of any allegations on your own, even if you have legal experience; you are too emotional and cannot take an objective view when the allegations are made against you.
Do not contact the complainant directly, this could only land you in further trouble.
Retain any evidence you have such as phone call logs, text messages, social media interactions, and evidence of your whereabouts if a specific date/time has been given.
Work with your legal team to present the evidence to the police and CPS where it is in your best interests to do so.

How We Can Help

Our team are dedicated and experienced in defending false sexual offence allegations. We have witnessed and understand the ability for a person to be falsely accused of a sexual offence and are passionate about stopping such allegations in their tracks. We take cases on at all stages of proceedings and give assurances to our clients that we will take a robust and no stone unturned approach to defending their position and protecting their legal interests.

For a free initial consultation about your case contact our friendly and approachable team who will spend time with you to discuss your circumstances.

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