False Sexual Allegations: The Consequences on the Accused

Allegations of sexual assault, both true and false, are common and cause considerable harm to the accused, their family and friends. It is often a persons worst nightmare to be accused of a criminal offence which they strongly deny, yet find themselves still having to go through the process of answering to the allegation and defending their case. Undergoing a criminal investigation for something that you did not do can feel overwhelmingly unjust. But what should you do if you find yourself in this situation?

Deliberate fabrications are usually motived by personal gains such as material profit, revenge, provide an alibi, or to win sympathy. Sometimes, those making false allegations may have underlying mental health issues. Other cases of wrongful allegations arise when accusers sincerely but falsely believe they have been sexually assaulted, either naming the wrong person or recounting an event that did not occur.

The premise that false allegations rarely happen, and that all sexual offence complainants must be believed, has led to prosecution policy assuming presumptive guilt of the defendant, which immediately puts those accused on the back foot. Not only does the accused have the stress, upset, anxiety and expense of defending their case but the irreparable damage can and often does extend to their reputation, loss of their job, feeling stigmatised by friends and family and worse case they can be sentenced to prison.

Is it a criminal offence to make a false allegation?

There are two criminal offences that could apply when a person makes a criminal defence depending on the circumstances; perverting the course of justice and wasting police time contrary to section 5(2) of the Criminal Law Act 1967

Perverting the Course of Justice

A person commits this offence when they commit an action or series of actions that have a tendency to and are intended to interfere with the administration of justice. The offence is extremely serious and is triable only in the Crown Court. The CPS are generally cautious about the circumstances in which they bring a prosecution for an offence of this type, and therefore a prosecution will usually only be brought where the interference with justice has had serious consequences, for example; where an innocent person is convicted.

Wasting Police Time

Wasting police time is another offence that be brought against someone who has made a false allegation. This occurs where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed or to give rise to apprehension for the safety of any persons or property, or tending to show that he or she has information material to any police inquiry.

How to Defend Yourself Against False Allegations

Your priority when a sexual allegation is made against you should be to contact a criminal defence lawyer. Even where you know the allegation is false, you should take the investigation of you seriously and all steps necessary to protect your reputation and your defence. At Eventum Legal we deal solely within the niche area of sexual offence defence and offences of domestic violence which often come hand in hand. Because of our commitment to the defence of sexual and domestic violence allegations we pride ourselves on our ability to expertly craft our client's defence.

How Can You Prove Your Innocence When Falsely Accused of Sexual or Domestic Violence?

The burden of proof in any criminal case lies on the prosecution, and we are strong believers that a person is innocent unless they can be proved guilty. However, in cases which concern sexual allegations or domestic violence the evidence can ultimately come down to one word against another and therefore, ensuring you are heard and your account with supporting evidence is presented clearly is crucial regardless of your innocence. Vital considerations to have when falsely accused of a sexual offence, or a false allegation of domestic violence:

Any text message communications with the complainant
Phone call logs with the complainant
Social media interactions
Copies of emails
Evidence of any abuse you have suffered
CCTV
Third party material (GP Records, social services records etc)
Defence witnesses

Our team of lawyers would work to gather the above relevant information and work through this with you to build your defence.

Can a Case go to Court When it is One Persons Word Against Another?

In short, the answer to this question is yes. Many cases, particularly sexual offence cases go to court where it is one word against another. In some instances there may be disclosure witnesses, these are witnesses who the complainant has disclosed the allegations to, but how much weight can be given to such evidence depends on not only the credibility of the complainant and the witness, but also the time frame to when the disclosure was made.

Any evidence that leans towards supporting the complaint and adding strength to it, the defendant can also obtain as your word is just as important and of evidential value as the complainant. Therefore, spending as much time as possible to go through your account and prepare your defence is what we aim to do.

What to do Next if You Have Been Accused of Sexual or Domestic Violence?

Seeking legal advice is the first steps, contact our lawyers for a free and confidential chat about your case. It can sometimes be difficult to pick up the phone and talk about sensitive matters but please be assured our team are friendly and non judgemental, we have been working on sexual offence and domestic violence cases for many years.

We will take a full detailed background from you, your account and response to the allegations. We will then form a defence strategy to put you in the strongest position possible moving forwards.

Protecting your legal rights and interests is our priority when we are acting for you, securing the best possible outcome in your case.

< Older Post

Newer Post >