False Accusation of Sexual Assault or Sexual Allegations

By Admin in Latest News on

There are a number of reasons why false sexual allegations could be made against you. Whatever they may be, it is vital that you know how to deal with false allegations – not just to defend yourself in a court of law, but also to protect your reputation.

Even if you are proven innocent, the after-effects of such a distressing scenario, like being falsely accused of sexual assault, can be felt long after the case has concluded. Going it alone could make matters worse, which is why you should always seek out the assistance of an experienced solicitor.

To help you gain a better understanding of this sensitive legal situation, let’s take a look at what actually constitutes a sexual offence, how the law deals with these cases, and what to do if someone makes false sexual allegations against you.

What is a sexual offence?

Various crimes fall under the sexual offence umbrella. It’s important for you to know what these are, so you can accurately identify if a false allegation has been made against you.

Criminal sexual offences listed under the Sexual Offences Act 2003 include:

  • Non-consensual sexual activity, such as rape or sexual assault.
  • Crimes against children, including child sexual abuse or grooming.
  • Crimes that exploit others for a sexual purpose, whether in person or online.

Other sexual offences include possession or distribution of indecent images, assault by penetration, and historic offences – also known as a non-recent offence.

PCD Solicitors is a specialist firm that defends all allegations of a sexual nature, with particular expertise in rape, sexual assault, and historic sex offence cases.

Our knowledge can be invaluable in helping you to understand whether something like a false accusation of sexual assault has been made against you have legal standing, and what you can do to address them.

False allegations of sexual harassment law

Under the Equality Act 2010, sexual harassment is deemed a form of unlawful discrimination. This entails unwanted behaviour of a sexual nature which violates another person's dignity, makes another feel intimidated, degraded, or humiliated, or creates a hostile or offensive environment. 

That being said, there is no criminal offence of sexual harassment in English law, unless it overlaps with sexual assault.

Behaviours that are considered non-criminal sexual harassment include catcalling, making sexual gestures, and asking for sexual favours.

This overlaps into sexual assault when non-consensual touching of the other person is involved, e.g. unwanted stroking, kissing, and patting.

Revenge porn and stalking are also classed as an overlapping offence, constituting both sexual harassment and assault.

In some situations, false accusations could be made as revenge in itself – perhaps over a disagreement or even for financial gain, depending on the context.

If you have been accused of sexual harassment, or are concerned about how to deal with a false accusation of sexual harassment, you should not take such serious allegations lightly. 

Consider seeking the professional advice of a solicitor for clarity on how the accusation will be classed by law, and how to prevent negatively escalating the situation further.

How to disprove a false allegation in court

If you are found guilty of a sexual offence accusation, your sentence could include being put on the sex offenders’ register and/or imprisonment.

The overall legal process typically does not fall in a falsely accused person’s favour, further highlighting the need for a solicitor when defending yourself against false sexual allegations.

Anything that you say in the initial police interview stage can form part of the defence statement, and can then be used against you in the trial.

For this reason, you need an expert in the criminal justice system by your side as early as possible to advise you on how to present the facts of your side of the story.

The sooner you employ the help of a specialist solicitor, the stronger your defence will be when proving that the sexual allegations are false in court.

What Can I Do If Somebody Is Making A False Allegation Against Me?

Knowing how to report false allegations of sexual harassment or other similar offences could be the difference between being wrongfully convicted and being justly acquitted.

If you successfully prove your innocence, charges for the false accuser could include perverting the Course of Justice (a common law offence) and Wasting Police Time (Section 5(2) of the Criminal Law Act 1967).

However, for these allegations to be disproven, a complex legal approach is required to ensure you take the right actions in the eyes of the law.

Attempting to clear your name by yourself can inadvertently lead to detrimental consequences. When emotions are running high due to stress, you might unintentionally raise further suspicion.

For example, approaching the accuser directly or indirectly, or being overzealous at the interview stage, can negatively affect how your motives are perceived. Such actions are irreversible and could work against you, regardless of your innocence.

A specialist solicitor can help you to remain calm, assess your options, and approach the case in a way that gives you the best chance of disproving the allegations and achieving justice.

Sometimes, particularly in high-profile cases, long-term reputational damage is already done at the accusation stage, even if a ‘not guilty’ verdict is later achieved.

Reputation management solicitors can assist with this, keeping your name out of the limelight and media during proceedings.

Have you been falsely accused of sexual offences?

Sexual harassment and sexual assault allegations are extremely serious, especially when false accusations can result in wrongful convictions.

If someone falsely accuses you of sexual harassment or a criminal sexual offence, this can be very upsetting, and you may not know what to do next.

However, you are in the right place, as the best thing to do is to speak to a solicitor who specialises in this area of the law.

At PCD Solicitors, all initial advice is completely free of charge. So, if you are the victim of false accusations, you can reach out to us in complete confidence.

Either call us on 0151 705 8488 or send an email to info@pcdsolicitors.co.uk and we can arrange a consultation to discuss your situation and the next steps you should take.

Our expert team works closely with some of the country’s leading barristers to secure the best outcome for our clients.

For more information on sexual assault laws and how to protect yourself against false allegations, visit our Sexual Assault Solicitors page.