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04 Feb 2022

It is one of the most devastating crimes to have happened to you or someone you love, but it is also one of the most life-changing crimes to be falsely accused of; rape.

Many people believe that they would know how to handle a false rape accusation when it is made against them, but in actuality, there are precious few resources available to help those who have been falsely accused.

At ABV Solicitors, our sexual offence solicitor can help you if you have recently come under a false rape accusation and will defend you with a non-judgemental but aggressive and ethical approach.

But what occurs when someone is accused of rape, and how is a determination made? Our sexual offence solicitor explains below.

Accusation

When you are accused of rape, the first thing you need to do is contact our sexual offence solicitor at ABV Solicitors; irrespective of the time of day, we will be there to answer your questions and provide advice at the police station.

Do not under any circumstances attempt to contact the person who has accused you or their family; this may be seen as an intimidation tactic even if you are simply trying to resolve the issue.

Considerations

When you approach our team for help with a false rape accusation, we will put this forward; that you have been falsely accused. This is a serious offence on behalf of the accuser; a false rape accusation can be devastating, and if it is determined that you have not committed rape, we will always advise you to prosecute the original accuser.

However, it is important to understand how a false rape accusation is determined by a police officer, judge or another legal official.

Drugs and alcohol

If the accuser has a poor recollection of the events, perhaps due to alcohol or drug intoxication, the accusation may be considered false unless you are also accused of drugging them or exercising them into taking a substance that will alter their consciousness. Why does their state of mind matter? Because it can lead to misinterpretations or misremembering of situations.

Consent

This is the toughest one to prove in either case; a person may have consented to sex but at a later point, they may have changed their mind. The only instance in which you would be found guilty of rape without needing to prove this is if the person who was assaulted was underage, has a learning disability or has mental health issues that make them vulnerable to coercion.

Third-party allegation

This is becoming more common and can cause issues with false allegations.

If the person who was allegedly raped does not make the allegation, but it is one of their friends or a member of their family, this can cloud matters somewhat. That is of course unless the person who has been allegedly raped is underage, has a learning disability or has mental health issues that make them vulnerable.

Evidence

A common issue faced by those who are accused of rape is that there is a lack of evidence to prove that it either did or did not happen. If there is not enough evidence, then the case is usually dropped, and no further action is taken.