Help me – I’ve been falsely accused of sexual assault

It is a truly horrible experience being falsely accused of sexual assault. Sexual assault offences are amongst the most serious offences there are, and therefore, come with very serious penalties, including imprisonment and being listed on the Sex Offenders Register.

Since these offences are so serious, it is crucial that you take it seriously and tread carefully. You are already taking the right first step by reading this article. At Holborn Adams, we are expert criminal defence solicitors, well-versed in defending sexual offence cases, with an incredible success rate in getting charges dropped.

In this article, we’ll discuss what happens when you’re accused of a sexual assault, what steps you should take, and how we look to build defence cases against false accusations of sexual assault.

 

What happens if you are accused of sexual assault in the UK?

If you have been accused of sexual assault, there are a few steps you may go through depending on how far the investigation goes.

 

Voluntary Police Interview

Sometimes the police might invite you to attend a voluntary police interview under caution rather than immediately arresting you. This may be their first step for several reasons including that they may not have enough evidence to warrant an arrest yet, or because they believe you’ll cooperate better on a voluntary basis.

IMPORTANT: Please do not attend a voluntary police interview without consulting with a solicitor first and without a solicitor present. A voluntary police interview is a crucial information-gathering session, and you may self-incriminate even if you are innocent. If you have already attended without a solicitor, please get in touch with a solicitor immediately.

 

Arrest

The police will arrest you if they believe it is required under the Police and Criminal Evidence Act (1984), which states arrest is necessary for reasons like preventing harm to the victim and the public and to preserve evidence. You may or may not have already had your voluntary police interview at this point.

You will be taken to the police station and may be held in custody for 24 hours. Sometimes the police can apply for an extension to 36 hours if they have a good reason to (such as waiting for important evidence to process).

Whilst you’re in custody, you will likely be interviewed by the police. Again PLEASE DO NOT speak in an interview without speaking to your solicitor first. Ensure your solicitor is present at the interview at all times.

Once the 24 hour (or 36 hour) clock runs out, you will either be:

• Released on pre-charge bail.
• Released under investigation.
• Released with no further action.
• Charged with a criminal offence(s) and kept in custody or released on post-charge bail.

 

Charging and first court appearance

If you are formally charged, you will either be released on bail (with or without conditions) or you will remain in custody until your first court appearance.

Sexual assault offences are “either-way offences” which means they can be tried at the Magistrates’ Court or the Crown Court, depending on how serious the allegation is. The Magistrates’ Court will determine which court is the most appropriate to handle the case.

You’ll be seen first at the Magistrates’ Court. You will plead guilty or not guilty. If you plead guilty, the Magistrates’ Court may determine your sentence immediately or refer to the Crown Court if they believe more serious punishment is merited.

If you plead not guilty, the Magistrates’ Court will decide if the trial should be carried out there (and a trial date will be set) or at the Crown Court (and a preliminary hearing date will be set).

 

Trial preparations

You and your solicitor will work tirelessly on your defence case. Your solicitor will receive a full disclosure of the evidence the prosecution intends to use at the trial. They will work with you to build a robust argument to demonstrate your innocence.

 

Trial

It may take many months or even years before your trial takes place.

If your trial is held at the Magistrates’ Court, magistrates/a district judge will determine whether you are guilty or not, and determine sentencing.

If your trial is held at the Crown Court, a jury will decide on the final verdict.

 

What to do when you’ve been falsely accused of sexual assault

If you’ve found yourself falsely accused of sexual assault, there are several important steps you must take:

 

Instruct a criminal defence solicitor

It is absolutely crucial to seek legal assistance as soon as you become aware that you’re under suspicion of sexual assault – even if you know you are innocent. Do not try to defend yourself. You know the accusations are false, but the police must carry out a thorough investigation and you may make a move that arouses suspicion.

You should instruct a team of sexual offence solicitors with a clear track record of success for the best possible outcome. If you have not yet been charged, you should seek a firm which specialises in pre-charge engagement (making a case as to why you shouldn’t be charged and the case should be closed). This will save you time, stress, and money – this is especially important when you know you are innocent.

Never speak with the police or provide any evidence without speaking to your solicitor first. Your solicitor should be present at all of your interviews.

 

Don’t speak to the complainant/witnesses

Part of your defence will be that you have good character and are cooperative with the investigation. We can assure you you will make matters worse if you try to speak to the complainant and/or witnesses.

You cannot convince them to retract their statement, directly or through a third-party. If you try to, you can be charged with witness intimidation, even if you are innocent of the original accusation. This alone can land you with up to 5 years in prison and a significant fine.

 

Do not tamper with the evidence

Even if you are innocent, you may feel uneasy about certain images or messages you’ve shared with the complainant, for example. You may feel the urge to delete these or destroy your devices. Please know that at this point, there is nothing you can do to erase these – your solicitor will be able to advise how they can tailor their strategy accordingly.

The police can extract data from phones even when files have been deleted, and even if your phone has been dunked in water or set alight. They will also have access to the complainant’s devices, so it will look awful for your defence if you’ve tried to erase anything.

 

Manage your emotions

We know it’s easier said than done, but you must try and remain calm through the process and do not lash out in anger or upset – and especially do not share these emotions with the complainant or witnesses.

You must refrain from sharing anything about the case or your feelings on social media, and avoid discussing it with friends and family members. If you’re found to bad-mouth the complainant or have given a conflicting version of events to different people, this will damage your defence.

 

How does Holborn Adams defend against false sexual assault accusations?

Each sexual assault case is unique and we will tailor our defence strategy to your specific circumstances. That said, there are many areas we will address when building our case, including:

• Gathering your version of events and evidence, including messages/emails/call logs showing the nature of your relationship with the complainant, CCTV footage, witness statements, and anything that could be used as an alibi (social media posts, etc).
• Challenging the credibility of the complainant, including analysing inconsistencies in their story, whether they’ve made false allegations before, medical reports that conflict with their account, evidence of motive, and potentially highlighting substance abuse that could have interfered with their memory.
• Requesting disclosure of “unused” evidence which the prosecution does not intend to use but which would benefit your case.
• Determining if there are procedural errors in the conduct of the investigators – if proper protocols haven’t been followed (e.g. how DNA evidence was collected/analysed), we can appeal for the case to be dropped.
• Gathering evidence of your good character and how this offence would be extremely out of character for you and therefore unlikely.

Our sexual offence solicitors confidently tackle cases of injustice, just like yours. Don’t waste any time – contact us today.

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