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What to do if you're falsely accused of sexual assault or rape

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Being falsely accused of sexual assault or rape is an extremely distressing scenario. Even an accusation, let alone a charge or conviction, can have devastating consequences for every aspect of your life.

It is essential that, if you are facing a false accusation of sexual assault or rape, you seek out immediate legal advice from specialist sexual offence solicitors. This is regardless of what the circumstances of your case involve or what the allegations relate to.

In the following blog, our rape allegations solicitors answer various important questions concerning what you should do if you are falsely accused of sexual assault in the UK, how these types of cases are investigated and what the potential consequences are likely to be.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with being falsely or wrongly accused of rape or sexual assault, please get in touch, and our team can advise you.

What are my legal rights if I'm falsely accused of sexual assault or rape?

If you are falsely accused of sexual assault or rape, your legal rights remain the same as with any other criminal investigation.

If the police invite you to attend a voluntary interview under caution, it will usually be in your best interests to attend it. During any attendance at the police station, you will be entitled to legal representation.

Instructing a solicitor when you are facing a false rape or sexual assault allegation will not compromise your defence in any way, nor will it signify guilt.

It is essential that you receive legal advice to help you clearly understand your position, your rights and so you do not say anything which harms your defence in any way.

What can I do if someone makes false allegations against me?

If you have been falsely accused of rape or sexual assault, your first step should be to seek legal assistance at the earliest opportunity. Anyone who has been wrongly accused of an offence as serious as rape or sexual assault will always be in the best position to defend themselves if they are represented by an experienced lawyer who has specialist expertise in handling cases of this nature.

It can understandably be distressing if you have been made aware that a false allegation has been made against you, but you should be mindful not to take any actions which could undermine your defence. This might include contacting the person who has made the accusation to try and persuade them to drop matters, or tampering with potential evidence such as mobile phone records.

What is the difference between a sexual assault accusation and a sexual assault charge?

A sexual assault accusation refers to the report or claim that someone makes if they believe they have been subjected to non-consensual sexual contact. A sexual assault charge is a formal accusation from the prosecution that a crime has been committed and that court proceedings will be initiated.

How to prove innocence when falsely accused for sexual assault or rape

Proving your innocence following a false sexual assault or rape claim will involve challenging  the credibility of the prosecution’s case, as well as gathering various pieces of evidence which support your position.

Evidence which can be used to help prove innocence following false sexual assault and rape accusations includes:

  • Mobile phone or social media records
  • CCTV footage
  • Witness statements
  • Conflicting medical reports
  • Evidence of an accuser’s ‘bad character’, such as previous false allegations

Is it a crime to make a false allegation against someone or can I sue them?

Yes, it is possible that a making a false allegation against someone can be considered to be an example of perverting the course of justice or wasting police time. That being said, this is a complex matter in itself, as it would need to be demonstrated that someone made a clear and unambiguous complaint and there is sufficient evidence to demonstrate the allegation was false.

It is important to note that, even if an allegation does not result in a charge or conviction, this does not mean that it can be automatically proven the allegation is false – only that the allegation did not meet the evidential stage of the full Code test.

 Depending on the circumstances of the case, you may be able to take action against someone who has made a false sexual assault or rape allegation in the form of a civil claim.

What are the potential consequences of a false sexual assault allegation, even if I'm not charged?

It should go without saying that, even if you aren’t charged for a false sexual assault or rape allegation, the potential consequences are still severe. You could face emotional distress, damage to your reputation and the loss of employment, so it is imperative that you instruct legal support to help mitigate these issues and secure a positive outcome.

Related offences

Related cases

Fees and funding

We are always transparent when it comes to legal fees.

If you are required to attend court in relation to a false rape or sexual assault allegation, you could be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our false rape and sexual assault allegation solicitors

If you are due to attend the police station, require any urgent specialist advice, or immediate representation after being falsely accused of sexual assault, please do not hesitate to get in touch.

You can contact our dedicated sexual offence solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.