A person can be wrongly accused of any kind of sexual crime, from rape to making, having, or distributing indecent images, for many different reasons.
The whole allegation could be false, or if it’s a rape or touching allegation, it could be that there was no consent.
In England and Wales, peer-to-peer file sharing and other similar methods could have led to unintentional downloads of illegal content, such as indecent images (also called “IIoC”).
Here is a short list of what to do and what not to do if you are falsely accused of a sexual offence. You can now also read the answers to some of the questions we get asked the most.
This is especially true if the person is being accused of rape or other sexual crimes, since the accused’s identity is rarely kept secret in these cases.
When wrongly accused of a sexual crime, the thought of going to court, getting a prison sentence, or being put on the “Sex Offenders Register” can cause a lot of stress.
The right to be thought of as “innocent” until proven guilty is the most important part of the law in England and Wales. But that doesn’t mean that the person who thinks he or she has been wrongly accused will have an easy time in court. People shouldn’t think that “innocence” means “not guilty.”
The legal process and the law are not on the side of someone who has been wrongly accused.
Here is a short list of what to do and what not to do if you are falsely accused of a sexual crime in England or Wales. We will also talk about how a person should defend themselves in court when the charges against them are wrong.
If someone says you raped or sexually assaulted them, Call our lawyers right away.
Call us at 07446 888377 or fill out our online form to talk to one of our Sexual Offenses Lawyers.
How someone acts after being wrongly accused of a sexual crime
Get help from a lawyer
If someone has been wrongly accused, they need to talk to a lawyer as soon as possible. This includes getting the best advice possible at the police interview stage, since what is said in an interview can often be used as part of a defence statement and, of course, the full defence at trial.
Depending on the facts of the case, the criminal law and procedures that are used are different. In this area, the law can be hard to understand. A person who has been falsely accused of a sexual crime will be best able to defend themselves if they are represented by an experienced lawyer who knows a lot about how the criminal justice system works in this area.
After accusations are made, it’s important to get legal help as soon as possible. We help clients who think they were wrongly accused of rape or sexual assault by giving them legal advice and representing them in court. We give our clients advice that is accurate and on time, and we make sure their rights are protected throughout the legal process.
Don’t Make People Suspect
People who have been wrongly accused of a crime often try to handle the situation on their own in the hopes of getting it over with quickly and with as little damage as possible. This happens a lot when the accuser knows the complainant, like when the complainant is a neighbour, coworker, partner/former partner, or family member.
Most of the time, this kind of behaviour makes things worse for the person who was wrongly accused, because they may act in a way that hurts their case because they are upset and stressed out. For example, it would hurt their case if someone who was wrongly accused of such an offence went up to the Complainant, either directly or through a third party, and was rude or violent towards that person or tried to get them to drop the allegation.
Even though it may seem impossible, someone who has been wrongly accused needs to stay calm so they don’t make the situation worse. This means that, as much as possible, you should not talk to anyone else involved in the investigation. This includes the complainant and any witnesses. If you have to talk to these kinds of people, it is best to have a witness who is not involved in the case there.
When someone is wrongly accused of a crime, it is very important that evidence that could be used in the investigation not be changed. If a wrongly accused person tries to hide or get rid of evidence that they think could be used against them, this will only make people suspicious, and these actions are likely to be used to support the case against them.
Before doing anything that could hurt the investigation, it is recommended that a client talk to their lawyer.
When a person who thinks they were wrongly accused of a crime is brought before a Criminal Court for trial, we will look closely at the Prosecution’s case and evidence to see if one or more of the key elements of the crime have not been met.
We could make an application about the Complainant’s bad reputation or sexual history (called a “Section 41 Application”) or other applications to try to get the Prosecution to give us more and better information that could help the Defense.
Police reports, witness and expert statements, and any other relevant evidence (including material that was not used by the prosecution) and third party material (like medical reports and information from Social Services) can be used to show that the allegations are false or to strengthen the defence.