Defending rape allegations

Investigating an allegation of rape

The most common issues in a rape case are firstly determining whether the act did in fact take place, and secondly if the act was consensual. The issue of consent is extremely important in determining a verdict. However, establishing whether the sexual relationship was consented to can be difficult and can be affected by several factors.

To be found guilty the defendant must not have reasonably believed that consent was given. When determining whether consent was given prosecutors will consider if the claimant had the capacity to give consent which will depend on age, mental capacity and the influence of drugs or alcohol on the ability to make an informed decision. They will also consider if the claimant was able to make the choice freely without constraint.

Rape allegations can seriously damage your reputation, ruin personal relationships and put your career at risk and so it is important that you obtain legal advice as soon as possible. Our team of criminal justice solicitors are recommended by the Legal 500 and can help you to contest a false rape allegation. Call a member of our team on 01616 966 229 or fill in an online enquiry form and a member of the team will get in touch with you.