RAPE DEFENCE SOLICITORS FOR ACCUSATIONS OF ATTEMPTED RAPE & ASSAULT BY PENETRATION
Our Rape Solicitors are experienced criminal defence lawyers who specialise in cases involving accusations of sexual acts that took place without consent.
If you have been accused of rape or attempted rape, you must seek the immediate help of a criminal defence lawyer who will be able to provide you with the essential advice and support that you will need. Allegations of this nature are very serious and can be extremely damaging.
If accusations such as these have been made against you, it is vital that you are represented by a highly skilled lawyer with a proven track record of successfully defending allegations of this nature. Draycott Browne has an exceptional team of Rape Defence Solicitors, who will deal with your case discreetly and sensitively.
Don’t think that just because you are innocent you won’t need a solicitor. No matter what the circumstances are you will need someone with the appropriate technical knowledge on your side, fighting your corner. You are entitled to a solicitor from the moment of your arrest and legal representation at this stage may make all the difference to the outcome of your case.
Cases such as these can be lengthy and complex, with issues surrounding consent difficult to unravel. At Draycott Browne, our expertise is second to none and we have a formidable reputation for successfully defending our clients against criminal complaints of this kind.
Don’t delay. If you have been accused of rape, attempted rape, or assault by penetration, contact Draycott Browne's sexual offence solicitors today.
WHAT IS THE LEGAL DEFINITION OF RAPE?
Under Section 1 of the Sexual Offences Act 2003, rape is defined as a person’s intentional penetration of another person’s vagina, anus or mouth with his penis, where consent is not given and the perpetrator does not reasonably believe that consent was given.
Rape offences prosecuted under the Sexual Offences Act 2003 in England and Wales include:
- Rape
- Inciting sexual activity without consent.
- Sexual activity without consent
- Sexual assault
Rape can apply to heterosexual sexual activity or same-sex sexual activity.
Assault by penetration is defined under Section 2 of the Sexual Offences Act as a person using part of their body or anything else to intentionally penetrate the vagina or anus of another person, where the penetration is sexual, consent has not been given and the perpetrator does not reasonably believe that consent was given.
THE IMPORTANCE OF CONSENT IN RAPE ALLEGATIONS
Consent is influenced by factors such as the age of the complainant, mental illness and capacity. For instance, an individual's ability to engage in consensual activities can be impacted by substances like drugs or alcohol.
The question of consent is vital in such allegations and you must instruct a legal team with the expertise required to thoroughly examine the evidence, consider the steps that were taken to establish consent and determine how reasonable the belief of that consent was.
WHAT SHOULD I DO IF I'M ACCUSED OF RAPE or Attempted Rape?
When facing an accusation of rape, it is crucial to act swiftly and seek immediate legal advice. Whether you are arrested or invited for a police interview, securing legal representation is a top priority.
It is essential to retain any evidence that can support your case, such as text messages and any other evidence. It would be beneficial to keep your solicitor informed about any evidence you have, as this will enable them to construct the strongest possible defence for your case.
It is vital to refrain from contacting the accuser or attempting to resolve the situation independently. Doing so could have serious legal ramifications, including accusations of witness intimidation or obstructing justice and could even lead to your arrest.
In the case of a false rape allegation, it is crucial to meticulously prepare your case with the guidance of specialised legal experts experienced in handling such delicate matters.
Even if you are considering pleading guilty, it is of utmost importance to seek legal counsel from our Rape Solicitors who have a proven track record in dealing with sexual offences.
WHAT HAPPENS IF I'M ARRESTED FOR RAPE or Attempted Rape?
If you are arrested for rape, you will be taken to the police station where you will have the right to be represented by a solicitor, who will provide you with private advice. During the interview, the police will explain the allegations and present any evidence they have, such as written statements, video interviews, DNA, CCTV footage, or other evidence. You will have the opportunity to provide your account and a solicitor can advise you on whether or not to do so at that time. It's important to bear in mind that you are not under any obligation to respond to questions from the police. It is advisable to refrain from doing so until a solicitor is present and you have the right to free legal representation during the interview.
Individuals arrested for rape are often released under investigation as the police continue to gather evidence. The police will collect evidence to either support your account or that of the complainant. If there is a second interview at the police station, the solicitor may be present to guide you through the process.
Once the investigation is concluded, the police will forward their file to the Crown Prosecution Service (CPS) for a decision on whether to press charges. The CPS must consider whether there is a realistic prospect of conviction and whether a prosecution is in the interest of justice. If the answer to either of these questions is no, you will not be charged. A solicitor can assist in making the argument that you should not be charged.
If a decision to press charges is made, you will be given a court date. Your initial appearance will be in the Magistrates' Court, and your case will be assigned a date in the Crown Court several weeks later. At least one pre-trial hearing at the Crown Court will address certain issues, such as your plea. If you plead not guilty, your case will proceed to trial.
WHAT DEFENCE IS THERE AGAINST RAPE ALLEGATIONS?
When defending against such a serious allegation, it's imperative to leave nothing to chance. In cases of false allegations, experienced Rape Solicitors may have the case dropped early, sparing you unnecessary stress and reputation damage.
PRESENTING EVIDENCE
When you face a rape allegation and there was no sexual intercourse with the alleged victim, we will demonstrate your whereabouts using witnesses, mobile phone data, CCTV footage and more. Time is crucial in securing mobile data, so proactive action is essential. Do not rely solely on the thoroughness of the police investigation.
In most alleged rape cases, the key dispute lies in consent rather than the occurrence of sexual intercourse. The prosecution must prove sexual activity happened, the alleged victim didn't consent and the alleged offender didn't reasonably believe in consent.
Your defence often revolves around proving the accuser's consent or your belief in their consent. Evidence such as witness testimony and digital material like text messages and social media messages can be crucial here.
CASES INVOLVING DRUGS & ALCOHOL
In situations where either you or the complainant have consumed drugs or alcohol, we will thoroughly consider all the evidence, in order to construct the strongest possible defence. Our aim is to demonstrate that consent was capable of being given in all circumstances. We have handled numerous cases in which complainants or suspects have been under the influence to varying degrees due to alcohol or drug consumption.
Our team of Rape Solicitors possesses expertise in identifying all the essential factors that indicate the continued ability to provide valid consent. We are well-versed in employing a wide range of defence strategies applicable to serious sexual offense allegations, including cases involving false accusations of rape. We are uniquely positioned to craft the most effective defence strategy for you right from the beginning.
WHAT ARE THE PENALTIES FOR RAPE?
To reflect the extremely serious nature of these crimes, along with an increased focus on the victims, sentencing for many sex offences has increased in recent years. The maximum sentence for rape, attempted rape and assault by penetration is life imprisonment.
Aggravated features including instances where someone has used their reputation, power or position of trust to carry out a serious sexual assault can also lead to harsher sentences being carried out.
Aggravated features including instances where someone has used their reputation, power or position of trust to carry out a serious sexual assault can also lead to harsher sentences being carried out.
The offences of rape and assault by penetration will be dealt with by the Crown Court.
For specialist rape defence advice, speak to a Rape Lawyer at Draycott Browne now.
HOW OUR RAPE SOLICITORS CAN HELP YOU
It is imperative that you seek immediate legal advice from a trusted firm of solicitors, which has the experience and expertise in defending rape allegations.
We will be able to help you with the following:
- Police station attendance
- Securing bail on your behalf
- Thoroughly prepare you defence for trial
- Providing you with first class representation in court
- Protecting your reputation
- Helping with the appeals process, where necessary
Our aim is to achieve the best outcome possible for your circumstances and will pursue this with a commitment that is second to none.
HOW DO I OBTAIN A SOLICITOR AFTER I HAVE BEEN ARRESTED FOR RAPE?
If you are arrested, it's important to ask for a solicitor at the custody desk. The police will then contact your chosen solicitor for you. A solicitor will attend the police station to represent you.
The solicitor will sit down with the police to get a clear understanding of the situation and then have a private conversation with you to discuss what has happened and the conversation is entirely confidential.
Based on the information provided by you and the police, the solicitor will advise you on the optimal interview strategy. This strategy may often involve denying some or all of the allegations. This can be done by answering questions or through a prepared statement.
24 Hour Availability
Arrests are rarely anticipated, which is why we are available around the clock, seven days a week, 365 days of the year, to assist you at the police station, whenever you need us.
Legal Aid
Legal fees can be an unexpected cost that you may struggle to afford, but legal aid can relieve financial stress during your case, leaving you to focus on what matters. Our solicitors can advise you on your eligibility and will guide you through the process of applying for legal aid, giving you the best chance of a successful application.
Private Funding
At Draycott Browne, we have long supported clients funding their cases with legal aid. However, it is important to realise that legal aid funding places significant limitations on the level of support we are able to provide.
By choosing to fund the legal services you require, you are guaranteeing the highest level of advice and representation from our top-class solicitors. Private funding allows us to have additional resources available to work more creatively and extensively on the case to build a more robust defence.
The government has recently emphasised their intention to push for higher convictions and sentencing for many domestic and sexual offense cases, including rape. With private funding, we can deliver the best possible service, drawing on the full extent of our experienced team, ensuring that no stone is left unturned in building a detailed legal defence.
If you’re facing serious criminal offence allegations we strongly advise you to consider a privately funded route. This will ensure that you are receiving the best representation for your case, greatly enhancing your chances of a successful outcome.
Contact our Rape Solicitors Today
When faced with the accusation of a crime as serious as rape or attempted rape, it is imperative that you seek the best legal services available to you.
Contact our Sexual Offence Solicitors in Manchester today. If you would like us to contact you, simply fill in our online enquiry form and a member of the team will be in touch as soon as possible.
The Rape Solicitors at Draycott Browne is highly regarded nationally across the legal profession, and is noted for consistently delivering positive results. Our Criminal Solicitors in Manchester possess a breadth of technical knowledge across Sexual Offences that will provide you with the expertise required when facing such sensitive allegations and investigation by the police.
As one of the nation's leading Criminal Defence Law Firms, we regularly act for clients in London and throughout the North West including Manchester and Liverpool, who need expert legal representation and advocacy following allegations of sexual offences, or where charges have been brought by the police. By entrusting your case to us, you can be assured that you will be working with a team of highly skilled and experienced Rape Solicitors who have a thorough and comprehensive knowledge of the law.
Our legal team is available 24 hours a day, 7 days a week, With your freedom at stake, If you or somebody you know has been arrested and needs expert legal representation, call Draycott Browne today or complete our contact form, for the very best criminal defence for allegations of sexual offence.
We are based in Manchester but we regularly represent clients across England and Wales. So, if you are looking for quality legal representation, contact our Rape Solicitors today or complete our online enquiry form above.