Specialist Rape Solicitors
Rape is the most serious sexual offence and we have seen a massive increase in these allegations over the past few years with our specialist rape solicitors representing a large number of clients who have had false and malicious allegations made against them.
It is an unfortunate truth that it is very easy to make a false allegation of rape and the police will always take such allegations incredibly seriously and will take the accusation at face value and believe the person making it.
As such if you have been falsely accused of rape it is vital that you receive specialist advice, support and assistance immediately. Even if the police have yet to become involved call us for free advice as to the steps you should take to start securing and preserving evidence including in relation to texts, social media and emails.
The Police Interview – Should you answer questions?
If the police have become involved it is crucial that you do not speak to the police without first being advised by a specialist rape solicitor. What you say (or don’t say) to the police can have devastating consequences should the case go to court and just because you are completely innocent does not necessarily mean you should be an open book an answer all the police questions. The police interview is a stressful experience and it is easy to make innocent mistakes when under stress. As such often a short prepared statement mentioning your defence is a more sensible approach.
The Court Process
Many rape allegations end up at court even though it is only one person’s word against another. Rape allegations are always dealt with at the Crown Court before a Judge and Jury and require meticulous preparation and skilled advocacy and cross-examination by specialist counsel. Clumsy or heavy handed questioning of an alleged victim by non specialist or inexperienced counsel will quickly lose the sympathy of a Jury and increase the possibility that you will become the victim of a miscarriage of justice!
Our specialist solicitors are incredibly experienced in this area and we only use a select few barristers that we have used for many years with incredible results
Recent Success Stories
A recent success story and testimonial in relation to a false allegation of rape where our client was rightly found not guilty after fantastic representation by Jenni Dempster of 18 Red Lion Court can be found here.
So if you have been falsely accused of rape please feel free to contact us for initial free advice from the firm’s owner and principle solicitor Joe Happe who has been advising and representing clients for rape for nearly 20 years.
The Law
Section 1 Sexual Offences Act 2003
(1) A person (A) commits an offence 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.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
Back to Types of Sexual Offence Contact McMillans Solicitors