Specialist lawyers defending allegations of rape and sexual assault
Olliers have significant experience in defending allegations of rape and sexual assault under the Sexual Offences Act 2003.
Rape
Rape is an indictable only offence which means that an allegation of rape can only be heard in the Crown Court. A conviction for rape carries a maximum sentence of life imprisonment.
Rape is defined under Section 1 of the Sexual Offences Act 2003 (“The Act”) as one person’s intentional penetration of another person’s vagina, anus or mouth with his penis, where the other person does not consent and he does not believe the other person consents.
Sexual Assault
Sexual assault is defined under Section 3 of the Act when one person intentionally touches another sexually, where the other person does not consent and he does not reasonably believe the other person consents to be touched.
A separate offence of assault by penetration exists under Section 2 of the Act, where a person sexually penetrates another person’s vagina, anus or mouth with a part of their body or anything else. Again, in this situation the Crown must prove that the Defendant did not believe the other person to be consenting to the penetration.
The maximum sentence available if convicted of assault by penetration is life imprisonment and for sexual assault is 10 years imprisonment.
Sexual Activity with a Child
There are a number of different offences under the Act relating to children including sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child, causing a child to watch a sexual act, child sex offences committed by children or young persons, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming.
Historic Rape
This is a subject area which has attracted significant publicity in recent years. Many allegations of historic abuse are made many years or sometimes decades after the offence is alleged to have occurred. Defendants facing this sort of allegation may encounter particular difficulties given the passage of time and the effect this can have on, for example, the recollections of witnesses or the availability of documentary records.
Olliers Solicitors has significant experience of successfully defending allegations of historic rape and sexual abuse.
Allegations of Rape/Sexual Abuse by Professionals
There are a range of sexual offences which are differentiated from the usual form of the offence by the additional element of abuse of a position of trust. These offences relate to situations where complaints of sexual activity/touching are made against a person who regularly looks after a child (under 18) for example teachers, care home staff, hospital staff.
Allegations of this nature can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the allegation. Conviction for this offence in the Crown Court carries a maximum term of imprisonment of 5 years and will have an impact on the defendant’s ability to work with young people in the future.
A separate set of offences exist which relate to care workers alleged to have engaged in sexual activity with persons with a mental disorder. These offences can attract longer custodial sentences because of the additional issues regarding capacity to consent and abuse of a position of trust.
Grooming
An offence of meeting a child after sexual grooming is made out if an adult has contact (met or communicated) on at least two occasions with a child under 16 and then meets the child or either party travels with the intention of meeting the other in order to engage in sexual activity. The communication/contact between the child and adult prior to the meeting does not have to have been sexual in nature.
The Crown must show that a defendant knew the child was under 16 or did not reasonably believe the child to be over 16.
Grooming is an allegation which can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the allegation. The maximum sentence which can be imposed for an offence of this nature is 10 years imprisonment.
Consent
Consent can be a complex issue and can be affected by the age of the person making the complaint, any mental disorders and the freedom/capacity to make the choice. For example, an individual’s capacity to consent may be affected where alcohol or drugs have been consumed.
Have you been falsely accused of rape?
Facing an accusation of rape can be a very stressful and scary. It may be that you have been arrested or charged, or you may simply be aware that an allegation has been made and want to know where you stand.
At Olliers Solicitors we understand how clients in this situation feel and we are able to provide expert advice at every stage of the process. We take a proactive approach to defending allegations of a sexual nature and have an excellent track record in representing clients accused of rape. Below is a brief guide to the police investigation process and what the best steps for you to take are.
What will happen if I am falsely accused of rape?
Arrest
Most people accused of rape are arrested. Rape is a serious allegation and most of the time the police will want their suspect in custody as soon as possible. Sometimes, particularly with historical allegations, suspects are invited to a voluntary interview as an alternative.
Interview
Whether under arrest or voluntary, the first real stage in the process is the police interview. At this initial interview, the police will outline what the allegation is and are likely to put forward whatever evidence they have. This could be a written statement or video interview of the complainant. There may also be DNA, CCTV, mobile phone or other evidence. Having said this, during the first interview police enquiries are often still on going and this evidence may not be available. You will be asked to provide an account during this interview. A solicitor will be able to advise you whether or not to provide an account at this time.
Investigation and charging decision
Often those arrested for rape are released under investigation following their interview whilst the police continue to investigate. During this time the police will seek to collect evidence which will either support the account of the suspect or that of the complainant. It may be appropriate to point the police in the direction of any evidence that may exist.
A suspect may be asked to re-attend the police station for a second interview during the course of the investigation.
Once the investigation is complete, the police will send their file to the Crown Prosecution Service (CPS) for a decision on whether to charge. When making this decision the CPS must ask the following questions – is there a realistic prospect of conviction? – is a prosecution in the interest of justice? If the answer to one of these questions is no, then you will not be charged. A solicitor may be able to assist with making the argument that you should not be charged.
Many rape allegations do not get to this stage but if a charging decision is made, you will be given a date to attend court. There is a risk that you may be held in custody by the police and taken straight to court. You will initially appear in the Magistrates’ Court and your case will be given a date in the crown court some weeks later. You will have at least one pre-trial hearing at the crown court where certain issues, such as your plea will be dealt with. If you enter a not guilty plea your case will proceed to trial.
What should I do if am falsely accused of rape?
Think like a lawyer
Retain any evidence you may hold which can support your account. For example, text messages or other digital evidence can sometimes be very useful in demonstrating your innocence. Show this evidence to your solicitor as soon as possible. They will be able to advice on whether this evidence is helpful.
Do not contact the complainant
It may be tempting to contact the person who has made the complaint. They may be an ex-partner or friend and you may think you can solve the issue between yourselves. Resist this temptation. Contacting the person who made a complaint to the police is never a good idea. Any attempt to make contact may be considered witness intimidation, which is a serious offence in itself. You may also be in breach of any police bail conditions which could see you back in police custody.
How do you get legal advice if you are arrested for rape?
If you are arrested you should ask for a solicitor at the custody desk. The police will contact your chosen solicitor for you. A solicitor will attend the police station to represent you. They will sit down with the police and get an idea of the situation. They will then sit down with you in a private room with you where you can discuss what has happened; this conversation is entirely confidential. Depending on what you and the police have told your solicitor, they will advise you what the best interview strategy is. This strategy will often, but not always, involve putting forward a denial of some. This may be by answering questions or by way of a prepared statement. It is sometimes appropriate to make no comment to the police depending on the state of the evidence and/or your account.
How can you get legal advice if you have not been arrested?
If you are yet to be arrested or you have been invited for a voluntary interview, you should contact a solicitor yourself. A solicitor will be able to advise you on the best strategy and take control of any correspondence with the police. It may be that a solicitor is able head off the police and arrange a voluntary interview before you are arrested, however this is on the police’s distrection and will not always be appropriate.
What if I have already been interviewed or want to change solicitor?
It is not too late to seek legal advice or a second opinion. Often the time between arrest and charge is a vital period. Engaging with a specialist solicitor with a proactive approach can sometimes make the difference between you being charged or not. An expert solicitor can take stock of the situation by assessing what has happened so for and may be able to present evidence to the police that could help your case.
What should I do if I have been charged with rape?
If you have already been charged with rape and haven’t had any legal advice, now is the time to get some. If you are denying the offence it is important that you are fully prepared for each hearing and have considered the evidence in detail with your solicitor before the trial. If you accept that you are guilty you should still get a lawyer to help you with the proceedings and help go through any mitigation you may have. If you are convicted you are very likely to go to prison, however if you have prepared your case in detail and sought the best possible advice then you have put yourself in the best possible position to avoid being convicted.
Hopefully this short guide has helped you have a better idea of the situation you face and you now feel better prepared to face it.
Olliers Solicitors – Specialist Rape & Sexual Assault defence solicitors
Olliers are a specialist criminal defence firm with offices in both London and Manchester providing specialist advice and representation throughout England and Wales. We are ranked as a Top Tier criminal firm in the 2020 editions of both the Legal 500 and Chambers Directory.
