How Solicitors Defend Against Rape Allegations: Strategies for Success
Being accused of rape is a serious allegation and one which you need to be proactive in resolving, especially in the face of false allegations. The stigma of being accused of rape can be extremely overwhelming; however, finding the best legal representation to help you defend against rape allegations is crucial. This support can reassure you of your innocence and help you to move past this and clear your name if you are wholly innocent.
Understanding the law and the definition of rape is crucial if you are facing such allegations. It empowers you with the knowledge to navigate the legal process and defend yourself effectively.
The Sexual Offence Act 2003 states that a person (A) commits rape if
Section 74 of the Sexual Offences Act 2003 defines consent as “he agrees by choice and has the freedom and capacity to make that choice.”
If a defendant is found guilty of rape, the responsibility then lands on the judge to determine the appropriate sentencing for the defendant. There are guidelines that must be adhered to, and the exact sentence will be in relation to the crime committed, the guidelines and the actual charges the accused has been convicted of.
Those found guilty of the offence of rape can expect custodial sentences from 4 to 19 years, with life imprisonment being the maximum sentence.
Typically all people convicted of the act of rape will be subject to custodial sentences. However, community orders might be imposed in the event of sexual assault charges, which can include unpaid work, curfews, restrictions on specific activities or being banned from accessing geographical locations.
The process from the time the victim makes a statement or the presence of a crime being reported can take anywhere from months to years to reach its conclusion.
While the police will strive to resolve the case as quickly as possible to reduce the toll on the victim and the defendant, collecting evidence, reaching a conclusion, charging the defendant, and taking the case to court is often a lengthy process with no set duration.
For those accused of rape, this can hold over their heads and impact their lives for an undetermined period of time, causing many negative impacts, especially if the accusation becomes public knowledge. The gravity of the situation cannot be overstated, and it’s important to understand the potential long-term effects.
When defending against rape allegations, it’s important to remember that there are strategies and defences that can lead to a positive outcome. At ABV Solicitors, we can work with you to prepare these defences, giving you hope for a favourable resolution.
Ascertaining that the victim gave consent to the sexual intercourse and activity that took place is the most common defence for rape allegations. You need to be able to prove that you, the defendant believed they were engaging in a consensual act, and if the act was indeed consensual as defined by law, then there is no charge of rape to answer to.
This means determining that no penetration took place with the victim. While other acts might constitute sexual assault in other definitions, if there wasn’t any penetration, the rape charge won’t withstand.
The duress defence is when a person believes that their life is in danger or they would suffer a serious injury if they did not commit the act they’re accused of. The court needs to decide if the person acted reasonably in a way that any other person would if they were under duress. This isn’t always as easy to prove as you need to demonstrate your fear for your life or safety due to the repercussions of not committing the offence.
The insanity defence is one which can be used if the defendant has or had a mental illness at the time of committing the offence. And therefore, they didn’t have the capacity to commit the offence.
The defence of automatism might be applicable if you can prove you were unaware of your actions at the time of committing the offence. Exclusions to this include if you voluntarily consumed alcohol or illicit drugs that led to your behaviour.
You could use the defence of mistake if you were under the impression you have gained consent or would not have accepted the offer otherwise. Again, this is important to prove and use, but if you genuinely didn’t realise there was no consent or it was revoked at any point and you would have stopped had you realised you could use this defence.
The fabrication defence proves the victim has fabricated the entire allegation, and it did not occur at all. Research for The Home Office suggests that false rape allegations account for 4% of total rape allegations.
If you find yourself having to defend against rape allegations, it’s imperative that you retain legal counsel as soon as possible. A sexual offences solicitor can work with you to understand the severity of the allegations and the evidence that has been collected against you. They will support you and guide you through the legal process, helping you to prove your innocence and reach the best resolution for you.
Your solicitor will be instrumental in challenging evidence against you and collating evidence to prove your innocence. This evidence can be collected by way of DNA evidence, CCTV surveillance, digital communications, location tracking, and witness statements on behalf of both the victim and the defendant amongst other actions and enquiries. Your solicitor can be instrumental in finding the information required to prove your innocence or work towards the most favourable outcome should you be found guilty in a court of law. During this time, your solicitor can be a shoulder to lean on and a source of knowledge to help you navigate this highly sensitive and often distressing experience.
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