Defending rape and sexual assault allegations

Being accused of rape or sexual assault can be profoundly distressing. The offences carry huge stigma which can be devastating for the individual accused and their loved ones.

In addition, a conviction for this type of offence may have far-reaching consequences for the defendant such as being added to the Sex Offenders’ Register and being subject to a Sexual Harm Prevention Order.

In practical terms, it may affect the defendant’s liberty, employment, family life (including parental rights), where they live and their freedom to travel.

If you are concerned about a rape or sexual assault investigation or charge, it is critical that you get advice from a specialist sexual offences lawyer as early in the process as possible.

Your lawyer will advise you about how to fund your case including the availability of legal aid.

Getting expert legal advice early on will also give you access to professional support and guidance at what is often an emotionally overwhelming time. At the very least, it will mean that you know where you stand and what to expect.

Our sexual offences defence team has an excellent record in successfully defending clients facing rape and sexual assault allegations.

We know that taking a proactive approach at an early stage can make all the difference to the outcome of a case.

Dos and don’ts

• Get expert legal advice from specialist lawyers from the outset. This applies even if you have not yet been interviewed by the police. We can contact the police to obtain arrange a voluntary interview. If we have obtained pre-interview disclosure, we will prepare ahead for the police interview.
• Preserve any evidence that may support your defence and show this to your lawyer as soon as possible. This could be text messages or other digital evidence. Your lawyer will tell you whether this is helpful and can advise you about other evidence which may support your case.
• Put together a timeline for the day in question and any other dates that you think may be relevant. Make a note of any witnesses who may be able to corroborate your timeline or otherwise support your case.
• Do not become your own worst enemy! Above all, resist any urge to contact the person who has made the complaint or anyone who may give evidence against you. Doing so, may be treated as witness intimidation (another serious offence). If you have bail conditions or are subject to a court order, you may also end up in custody.
• Mind what you say and do. Being accused of rape or a sexual assault can be emotionally overwhelming, and you may want to share what happened with others. But ill-considered words and actions can end up being disastrous for your case. It is often better to get the advice and support you need from your legal team, a specialist counsellor or relevant support group.

Funding

Legal representation in the police station is always free of charge under the Police Station Advice scheme.

Those charged with an offence, may also qualify for legal aid which, depending on the defendant’s means, may require them to pay contributions. We can advise you about your eligibility for public funding.

Many clients facing rape and sexual assault charges, choose to pay privately for their legal costs so that they have access to the advice they need at an early stage and because they want to instruct a particular individual(s) in connection with their defence.

We often agree a fixed fee with our clients so they know what their costs will be from the outset.

Where appropriate, we will also agree staged payment arrangements to help clients budget for their costs. We can discuss these types of arrangements with you.

If you are facing an allegation involving rape or sexual assault, contact Tarsem Salhan in confidence now at tsalhan@salhan.co.uk or on 0121 605 6000.