Rape Defence Solicitor
Expert Legal Defence for Rape Allegations
Falsely Accused of Rape
We understand that being falsely accused of rape is an extremely serious and life-altering event. Such accusations can carry severe legal consequences and social stigma, impacting your personal and professional life.
Being falsely accused of rape can have an immediate and devastating impact upon every aspect of your life, regardless of whether any charge is ultimately brought. Allegations can carry severe legal consequences, impact family relationships, employment, professional reputation and personal wellbeing from the very outset of a police investigation.
False allegations may arise for a variety of reasons including misunderstandings, relationship breakdowns, mistaken identification, disputes between parties or allegations that are simply untrue.
Defending Your Rights
If you have been falsely accused of rape, as mentioned above, it is essential that you obtain specialist legal advice at the earliest possible stage. Decisions made during the initial stages of a police investigation can have a significant impact upon the outcome of the case.
Our experienced solicitors will carefully examine the circumstances surrounding the allegation and will:
- analyse the evidence relied upon by the police and prosecution,
- identify evidence capable of supporting your account,
- prepare representations where appropriate,
- take proactive steps to protect your interests throughout the police investigation.
Our rape defence lawyers are well-versed in the intricacies of criminal law and have a proven history of success. They take the time to understand the specifics of your situation and develop a tailored defence strategy that ensures that you have the strongest possible defence.
Our team has extensive experience in preparing and submitting robust pre-charge representations to the police and the CPS, challenging weak or unreliable evidence.
I Am Innocent. What should I do?
If you have been informed that an allegation of rape has been made against you, it is important to remain calm and seek immediate legal advice.
- You should avoid contacting the complainant or attempting to discuss the allegation with any potential witnesses.
- Communications made in frustration or panic can later be relied upon by investigators and taken out of context.
At KANGS, we can advise you from the moment you become aware of an allegation and provide representation during police interviews, throughout any investigation and, where necessary, before the courts.
Contact KANGS today for a confidential consultation. Let our experienced rape defence solicitors provide you with the legal expertise you need.
For further information regarding allegations of rape, please see our Frequently Asked Questions.
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Rape Allegation FAQs?
What happens following an allegation of rape?
Every investigation is different. However, many cases will follow a similar process:
- Arrest or Voluntary Interview. The police may arrest you or invite you to attend a voluntary interview under caution. It is essential that you obtain specialist legal representation before answering any questions.
- Police Interview. The investigating officer will seek to obtain evidence relevant to the allegation. Our solicitors can advise you before interview and represent you throughout the process.
- Police Investigation. The police may review your digital devices, social media communications, CCTV footage, witness evidence and forensic material. Investigations can often continue for many months before a decision is made.
- Charging Decision. In serious cases, the police will commonly refer the matter to the Crown Prosecution Service (CPS) for a charging decision. The CPS will consider whether there is sufficient evidence and whether a prosecution is in the public interest.
- No Further Action or Prosecution. Following review of the evidence, the matter may result in No Further Action being taken. Alternatively, criminal proceedings may be commenced and the case progress through the courts.
KANGS has extensive experience representing clients at every stage of the process and can provide strategic advice and robust representation from the outset of any investigation.
How can KANGS help?
If you are facing allegations of rape our team of specialist rape defence solicitors provide the following services:
- Initial Consultation and Legal Advice: Confidential consultation to discuss the case details, provide an initial assessment and advise on legal rights and options.
- Police interviews: representation during police interviews, ensuring our client's rights are protected.
- Representation at a voluntary interview under caution
- Representation at an interview under caution following arrest
- Preparation of pre-charge representations to the CPS or Police
- Representation in Magistrates’ Court and Crown Court proceedings
- Recommendations on selecting a barrister or King's Counsel (KC), as the cross-examination of the complainant and other prosecution witnesses often plays a pivotal role in court proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
How does the law define rape?
Rape is defined in Section 1 of The Sexual Offences Act 2003 as:
(1) A person (A) commits an offence (of rape) if:
(a) He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis;
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents
Who can be prosecuted for rape?
Rape can be committed by a man on a woman or on another man.
The issue of consent
To be guilty of the offence A must believe that B does not consent and that belief is reasonable.
The jury will be directed to consider all the circumstances surrounding the events in considering whether the belief is reasonable.
For example, it is not necessarily the case that B must attempt to fight A off; physical violence does not have to be used for the offence to have been committed.
The Court Procedure
Rape is an indictable only offence which means that it will be dealt with in the Crown Court before a jury. The maximum sentence for rape is one of life imprisonment.
Defending A Rape Allegation
There are many aspects to consider when defending an allegation of rape such as:
- Forensic evidence
- Phone evidence, including texts communication
- Social media
- Witness evidence
- Background behaviour before and after the incident
What to do when someone makes false rape accusations against you?
Being accused of a criminal offence, particularly when it is a false allegation, can be an intensely distressing experience. Whether the allegation arises in a personal context or at work, understanding your legal rights and responding appropriately is essential to protecting your position.
Here are three essential steps to take if an allegation is made against you.
Try to stay calm
Your initial response should be measured. Reacting emotionally, whether through anger or confrontation may further complicate matters. Take time to understand the nature of the allegation before deciding on your next steps.
Seek Immediate Legal Advice
When facing allegations, seeking prompt legal advice is vital. False accusations can escalate rapidly, potentially resulting in formal charges. Engaging a qualified criminal defence solicitor ensures your rights are protected and allows for us to development of a robust defence strategy.
Contact Our Legal Team
Our experienced defence solicitors offer tailored support for individuals facing criminal allegations. Whether the matter involves your personal or professional life, we provide expert guidance suited to your circumstances.
For urgent assistance, please contact our Out of Hours line on 07989 521 210.
Who should I contact for advice and help if accused of rape?
It is imperative for a client to instruct an experienced solicitor as soon as being made aware of an allegation being made.
Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.
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False Rape Allegations | KANGS Secures No Further Action with Pre-Charge Engagement
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