Sexual offence allegations are often emotionally charged situations, especially if you have been falsely accused of rape.
From a standpoint of innocence, being branded with this accusation will likely trigger feelings of anger, frustration, and resentment towards the accuser – but when proving your innocence, it is important not to act irrationally.
Despite the temptation to behave impulsively, remaining calm and fully assessing the situation will give you the best chance of ensuring the truth is uncovered.
Lashing out and letting your emotions dictate your next move not only provides ammunition for the prosecution, but these rash actions could also even lead to further incrimination.
As specialist defence solicitors, we understand that this can be a difficult scenario in which to balance your emotional and mental states and figure out what to do next.
Here we have laid out some useful information regarding rape allegations, including five tips to help prove your innocence when falsely accused of rape.
What To Do When Falsely Accused Of Rape?
The first step is knowing how to report false allegations of rape. You should start by contacting the police as soon as possible.
Though your first instinct may be to reach out to your accuser personally, if a police report has already been made against you then this could damage your defence.
Equally, if you do not contact the police yourself to report that the allegation has been fabricated, a delayed false accusation report may raise questions as to why you did not report this sooner.
Do I need a solicitor to prove I am innocent of rape?
You should also seek out a solicitor to represent you as soon as possible after an allegation of rape has been made against you.
To prove your innocence, you will need someone who knows this area of the law inside and out to help you build a strong legal case in your defence.
A legal expert can offer invaluable advice on any behaviour or actions to avoid that could otherwise work against you. Plus, they will be able to provide constant support during the lengthy legal process.
How To Prove Innocence When Falsely Accused Of Rape?
Here are five actions that you can and should take to give you the best chance of proving your innocence if you are accused of rape:
1. Write a list of witnesses
As part of the defence, your solicitor will analyse the complainant’s statement, social media accounts, and witness evidence.
These will then be compared with your account of events and statements from any of your own witnesses to form a response.
If you were not even present at the location where the accuser claims the assault happened, think about any witnesses who can testify to this – such as family members, friends, shopkeepers, employers, etc.
2. Voluntary searches or testing
With a false accusation of rape, it is vital that a solicitor safeguards your interests and protects your position with pre-charge preparation.
Allowing voluntary interviews, searches, or even DNA tests puts you at risk of being behind bars for the duration of the case. Declining such requests might seem unnatural when you are innocent, but there can be good reason to decline such requests from the police.
A solicitor can help with this and advise you on the advantages and disadvantages of providing or not providing DNA evidence for your case.
What takes place during the investigative stage of any case is of extreme importance in building criminal charges – and a solicitor’s role at this stage should be to prevent a prosecution.
Learning how to deal with a false accusation of rape as soon as it happens could be the key to proving your innocence.
Without knowing your rights, or which actions can weaken your defence, you could find yourself wrongfully convicted of rape.
While online sources like this blog can be helpful, they do not constitute professional legal counsel – there is no better advice than that of a solicitor who is qualified to assess your individual case.
If you do your research, you will learn about your right to remain silent during police interrogations under the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994.
Emotions can run high in the interview room and the courtroom, and while your instinctive verbal and non-verbal reactions may not be directly incriminating during your police interview, the prosecution could later use them to develop negative behavioural conclusions about your character.
If you are innocent of rape, you should always listen to your solicitor and follow the legal advice given to you when it comes to answering police questions.
It sounds obvious, but if you have been falsely accused of rape, you should gather as much information as you can to help you prove your innocence.
No matter how vague or loosely connected it might seem, be sure to present all physical, online, or circumstantial evidence you can find to your solicitor.
Their knowledge of the law can help to piece relevant parts together, compare it to the complainant’s account, and evaluate any inconsistencies that may refute their allegations.
Legal support for false rape accusations
At PCD Solicitors, we are often asked, ‘can you press charges against someone for making false accusations of rape?’
Typically, you have to wait to be proven innocent before you can pursue charges like Perverting the Course of Justice under common law or Wasting Police Time under the Criminal Law Act 1967.
We recommend that you focus on defending your innocence first, as clearing your name is most important.
The first step towards achieving this is to get help from a legal expert – all initial advice from PCD Solicitors is completely free of charge.
So, if you have been falsely accused of rape, contact us as soon as possible and we can help you to navigate the next steps.
The earlier we are notified about your case, the quicker we can use our years of experience and expertise to build your defence.
Visit our Rape Defence Solicitors page for more information, or speak to us in confidence today by calling 0151 705 8488.
You can also get in touch by emailing info@pcdsolicitors.co.uk and we can set up a consultation to discuss your case in more detail.