Important Steps to Take if You Are Accused of Rape
Being accused of serious criminal activity is a stressful situation. Whether you are guilty and want to negotiate the best sentence or are innocent, knowing what steps to take is essential. As sex offence lawyers, we have plenty of experience managing this, which is why we wanted to share some valuable advice in this article.
From understanding innocent until proven guilty in the UK to learning what steps should be taken in rape cases, we will cover all details in this article. Keep reading to learn more and to understand how the JD Solicitors team could help you.
Why Is It Important To Understand The Right Steps To Take During A Rape Accusation?
In 2023, more than 68,900 rape cases were recorded in the UK. However, less than 3 in 100 of these resulted in a charged during the same year. This represents not only the length of some rape cases but also the importance of investigations in determining the right outcome.
Rape, in all cases, is a serious offence which is why knowing the right steps to take to manage the process is essential. This is the case for not just rape (an offence between two adults) but also statutory and oral rape. All are indictable offences, meaning various legal considerations must be considered.
You can learn more about the importance of understanding the seriousness of criminal cases in this article which explains details concerning the UK criminal court system.
For the case to be classed as attempted rape, it also must go beyond other forms of attack such as GBH or harrasment. The guilty party will show intent in a physical form, which can still include unwanted contact just without complete penetration.
The incident is highly traumatising to those impacted, thus representing a serious crime in the UK and across the rest of the world.
What Steps Are Followed Once A Rape Allegation Has Been Made?
If you are accused of rape, cases will follow the below steps whether you are innocent or guilty.
- An investigation will immediately get underway once an allegation has been made. This will involve initial questioning and evidence gathering plus a longer-term period of time assessing these details. Should the alleged rape have been said to have happened within the past seven days, physical swabs will also need to be taken during this time. Evidence is gathered during this initial period, which may include handing over physical items such as phones. These do not have to be returned until police are satisfied with the outcome of their investigations.
- Once the initial questioning is over, the accused offender will either be released on bail or remanded in custody. If you are released, there will be associated conditions such as curfews and restraining orders against others involved. It should also be noted that during this time, you can be recalled for questioning at any point as the case is live.
- If a case proceeds to court, a date will then be set for the hearing. This will first be held at a magistrates court. If a decision is made that the offender is guilty, this will be sent to the Crown Court for an official trial and sentencing.
How Should Someone Accused Of Rape Handle The Situation?
If you are accused of rape, there are a certain number of things we would advise doing to ensure you are in the best possible situation for future proceedings.
Cooperate With The Police
Cooperating with police is important as it shows a willingness to provide information from day one. Not only does this allow those who are innocent to think clearly about the evidence they want to put forward, but it also offers anyone more chance of good behaviour being noted during sentencing.
During a rape case, we understand the sensitive nature of questions can make this difficult, but we always advise working with police positively.
Educate Yourself
Another important step to take if you are accused of rape is to educate yourself with all of the essential details. By knowing your rights, stance and the likely next steps in a case, there is more chance of creating a compelling case against the accuser.
This should include understanding the difference between rape and attempted rape, valid reasons for not attending court, knowing how long police can keep you in custody and understanding the ways that rape victims can choose to drop cases. Even knowing something as simple as if a police officer can make you unlock your phone can greatly impact the outcome of a case.
Also, in some rape cases, the outcome may be that the charge itself is changed should there not be enough evidence for the initial case. This means that understanding other crimes, such as GBH, which could be included in your case, is important.
Ensure Mental And Physical Wellbeing Considerations Have Been Made
Being accused of a crime in any situation is incredibly stressful. This can take a huge toll on everyone involved, which is why ensuring overall wellbeing is important. Should these start to suffer, it will be hard to successfully create a solid defence and the person being accused won’t be able to fully commit to the situation. Furthermore, there is also a higher chance of the accused saying something to the wrong person, which could lead to words being used in a different context. In summary, it’s important to be on the ball at all times.
Find Legal Support
Another important step, which should be undertaken as soon as possible to the initiation of a case, is to find the best legal support. Having a solid defence can be the difference between having a favourable outcome or losing a case.
When choosing the best professionals, notable cases and areas of expertise should be properly assessed. You should also check out what funding is available to gain a clear image of the financial landscape.
It’s important to find legal support from the beginning, as the advice of these professionals can have a big impact on the overall outcome of a case. Starting without support and sharing the wrong information or agreeing to an unfavourable term may lead to a guilty sentence, even for those who are innocent.
What Are The Next Steps Once A Decision On The Case Is Made?
The best case for those who are innocent and have been accused of rape is that the police determine this. In these scenarios, the criminal case can be turned into one of perverting the court of justice in which the accuser is instead charged. Charges for defamation of character can also be discussed as accusing somebody of a serious crime such as rape has big consequences, even if they are found innocent.
If found guilty, the sentence will likely be a custodial sentence plus a name being added to the sex offenders register. The charge will be determined based on the crime and other contributing factors such as good character, mental disorders and other crimes.
How Can JD Solicitors Supporting In Rape Accusation Cases?
Have you been accused of rape and want to know how best to handle this worrying and stressful period? This is something that the JD Solicitors team specialise in so please don’t hesitate to reach out to us today.
As sex offence lawyers, we have plenty of experience in helping accused rape offenders of achieving a desirable outcome in court. This is backed by our status as a SRA-regulated law firm and the high level of news we often share on our website. From helping during the early stages of investigations to creating strong cases within the court, we offer unrivalled assistance.
As well as being specialists in sex offence cases, we also have many other strings to our bow. This means we can also effectively advise on other legal matters plus support should the case start to head in a new direction. From understanding the laws around paedophile hunters to knowing if you can go to jail for kissing a minor, we can advise with it all.
Contact us now to learn more about our support. Also, if you enjoyed this read, why not check out the following:
