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Rape Defence Solicitors

Our Rape Solicitors provide a specialist defence for people facing allegations of rape or attempted rape. From advising before a police interview to preparing your case for trial, we help you understand your position and respond to the allegation with a clear defence strategy.

An allegation of this nature is serious and can affect your reputation, relationships and livelihood before any decision to charge. You need clear advice about what to do next and experienced representation at each stage. We deal with your case discreetly and sensitively, keeping you informed as the investigation develops.

Our first priority is to establish exactly what is alleged and identify the issues that matter to your defence. Where consent is disputed, we examine the circumstances and the evidence relevant to any reasonable belief in consent. Where you deny that the incident occurred, we investigate material supporting your account and challenge evidence relied upon by the prosecution.

With more than 25 years of criminal defence experience, Draycott Browne is recognised by Chambers UK for Crime in the North West. Managing Director Shaun Draycott brings particular experience in defending serious sexual offence allegations, supported by a team that includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme.

Contact our Rape Solicitors for confidential advice before answering police questions or attending an interview. We represent clients across England and Wales and are available 24 hours a day for urgent police station representation.

How can we help?

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.

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Our legal team is available 7 days a week

Criminal Defence Expertise for Rape & Attempted Rape Offences

Our Experienced Sexual Offence Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is the legal defenition 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.

Consent in rape cases is governed by sections 74 to 76 of the Sexual Offences Act 2003. Section 74 provides the general definition of consent, while sections 75 and 76 set out evidential and conclusive presumptions that can apply in particular circumstances.

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.

Specialist Rape Defence Solicitors

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne’s Rape & Attempted Rape Offence Lawyers today.

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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 or 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 offences?

To reflect the extremely serious nature of these crimes, the maximum sentence for rape, attempted rape and assault by penetration is life imprisonment.

Sentencing takes place under the Sentencing Code created by the Sentencing Act 2020 and the relevant Sentencing Council guideline. For adult offenders, the current guideline offence range for rape is 4 to 19 years' custody, although more serious cases can result in longer sentences.

Aggravating features, including the use of violence or threats, abuse of trust, significant planning or targeting a vulnerable complainant, can increase the seriousness of the offence and the sentence imposed.

The offences of rape and assault by penetration are dealt with in the Crown Court.

For specialist rape defence advice, speak to a Rape Lawyer at Draycott Browne now.

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 sexual 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.

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Our legal team is available 7 days a week

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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 Rape 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 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.

Frequently Asked Questions for Rape & Attempted Rape Offences

Attempted rape is prosecuted under section 1 of the Criminal Attempts Act 1981 together with section 1 of the Sexual Offences Act 2003. The prosecution must prove an intention to commit rape and an act that was more than merely preparatory to committing the offence.

Attempted rape is an indictable-only offence, meaning it must be tried in the Crown Court. It carries the same maximum penalty as rape, which is life imprisonment.

The legal definition of rape in England and Wales is set out under Section 1 of the Sexual Offences Act 2003. For a successful prosecution, the following elements must be proven:

  • Penetration – of the vagina, anus or mouth by a penis
  • Without consent – the complainant did not agree by choice and had the freedom and capacity to make that choice
  • Intentional act – the penetration was intentional
  • Lack of reasonable belief in consent – the defendant did not reasonably believe the complainant was consenting

Rape can only be committed by a person with a penis due to the requirement for penile penetration, but others may be charged with alternative sexual offences involving penetration.

Attempted rape can carry a maximum sentence of life imprisonment, with the court considering factors such as the harm intended, use of violence or threats, vulnerability and the level of planning involved. A conviction may also result in sex offender notification requirements and, where considered necessary, a Sexual Harm Prevention Order.

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