News

13th February 2015

Falsely accused of rape?

An accusation is just an accusation and it is very easy to make a complaint to the police or anyone else for that matter regarding something of this nature. It is usually one word against the other with no witnesses or material evidence. There is no need for the police to gather medical evidence or prove injury; in fact if the allegation is over 48 hours old then the police won't even bother to take samples for DNA to prove that there was sexual intercourse as any such evidence would have vanished.

Therefore one can allege that force was used, or that they were manipulated into having sex and allegations can even detail that the accuser consented at first but then changed their mind so in fact withdrew their consent.

Anyone can be accused of rape, trying to understand why someone would make a false allegation can be a hard question, whether it is your spouse, friend or a complete stranger who accuses you. The accuser can be an adult or a child.

The accuser may have started a lie that they cannot stop, it is well known that making false allegations, particularly of rape is a serious offence in itself and the possibility of the accuser being arrested may continue the lie. The accuser may be angry and want revenge; they may not plan to see the allegation through to the end.

The real issue and one that is featured in most rape cases is that of consent, both parties may have actually had sexual intercourse, but the accuser states that they did not consent.

You may even find yourself in the unfortunate situation where the accuser actually believes that they were raped as they didn't want to have sexual intercourse but it happened anyway. This is where the issue of consent can be complicated, although the accuser felt that they didn't want to have sexual intercourse, nothing was conveyed to you, and they didn't ask you to stop, push you away and gave you no signs that they wanted you to stop.

Therefore you reasonably believed that they were consenting. You may even deny that sex ever took place. These may be explanations from you that matter and you should get advice as to whether or not they should be put forward.

Whatever the details of the allegation, obtain the services of a criminal solicitor which are free for representation at the police station. Always instruct a solicitor for offences such as these, you don't want to have to sit through a police interview on your own not knowing what the accuser has said. You will not look guilty for doing this, only sensible.

A solicitor acting on your behalf will be given police disclosure before any interview under caution with the police. Disclosure is an outline of the allegation including what evidence, if any the police may have. The Solicitor will be able to go through events with you in private before you speak to the police. Without a solicitor the police will question you about the allegation and you will not be aware of any details.

You can also help yourself, ask yourself what was happening in your life at the time, what was happening in the accuser's life? Bear in mind that allegations such as these can date back years.

Do you have messages on your phone, Facebook or anywhere else either before the alleged rape and particularly after the alleged rape was meant to have happened, or even physical contact with the accuser. This information is all relevant, keep everything as it can be used as evidence if the matter should proceed to court.

Has the accuser made allegations of this nature before? Have they told anyone that they have made the allegation up, a mutual friend perhaps? Were you even with the accuser when the rape was meant to have taken place? Have a think and note everything you can remember, something irrelevant now may be vital if you are arrested or have to face Court proceedings.

Lastly, remember that although it is very easy to make a rape allegation, the arrest and interview at the police station may be the hardest part you have to go through because only 5% of all complaints made to the police actually result in a conviction.

For further information please get in touch with our dedicated team.

You can always call us on 0845 894 1622 or email on info@cartwrightking.co.uk

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