How To Prove Innocence When Falsely Accused Of Rape

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Sexual offence allegations are often emotionally charged situations, especially if you’ve been falsely accused of rape. From an innocent standpoint, being branded with this accusation will likely trigger feelings of anger, frustration and resentment towards the accuser. But when proving innocence, it’s important not to act irrationally.
Despite the temptation to behave impulsively, remaining calm and assessing
the situation is your best chance of ensuring the truth is uncovered. Lashing
out and letting your emotions dictate your next move not only provides
ammunition for the prosecution, but it could also even lead to further incrimination.
This can be a difficult scenario to balance. So we’ve laid out some useful
information, including five tips to help prove your innocence when falsely
accused of rape.

What To Do When Falsely Accused Of Rape?

The first step is knowing how to report false allegations of rape. Start by contacting the police as soon as possible. Although your instinct may be to reach out to your accuser, if a report has already been made against you then this could damage your defence. And a delayed false accusation report may raise questions as to why it wasn’t done sooner.

Do I Need A Solicitor To Prove I'm Innocent? 

You should also seek out a solicitor to represent you. To prove your innocence, you need someone who knows the law inside and out. A legal expert can offer invaluable advice on any behaviour or actions that could work against you. Plus, they’ll be able to provide constant support during the lengthy process.

How To Prove Innocence When Falsely Accused Of Rape?

Let’s take a look at five actions you can take to give you the best chance of proving your innocence:

1. Write a list of witnesses

As part of the defence, your solicitor will analyse the complainant’s witness statement, social media accounts and witness evidence. These will then be compared with any of your own witnesses to form a response. If you weren’t at the location where the accuser claims the assault happened, think about any witnesses who can testify to this e.g. family members, friends, shopkeepers and employers etc.

2. Voluntary searches or testing

With a false accusation of rape, it’s vital that a solicitor safeguards your interests and protects your position with pre-charge preparation. Allowing voluntary interviews, searches or even DNA tests puts you at risk of being behind bars for the duration of the case. Declining such requests might seem unnatural when you’re innocent, but there can be good reason to decline such requests from the police. A solicitor can help with this and advise you on the advantages and disadvantages to your case by providing or not providing DNA evidence. What takes place during the investigative stage of any case is of extreme importance, a solicitors role at this stage should be to prevent a prosecution. 
3. Educate yourself
Learning how to deal with a false accusation of rape could be the key to proving your innocence. Without knowing your rights, or what actions can weaken your defence, you could find yourself wrongfully convicted. While online sources (such as this blog) can be helpful, there’s no better advice
than that of a solicitor.
4. Assert your right to remain silent
If you do your research, you’ll learn about your right to remain silent.
Emotions can run high in the courtroom, and while you're instinctive verbal reactions may not be directly incriminating in interview, the prosecution could use it to develop behavioural conclusions about your character. If you’re innocent of rape, listen to your solicitor and follow legal advice given to you when it comes to answering police questions. 
5. Gather as much information as possible
It sounds obvious, but if falsely accused of rape, you should gather as much information as you can to prove your innocence. No matter how vague or loosely connected it seems, present any physical, online or circumstantial evidence you can find to your solicitor. Their knowledge of the law can help piece relevant parts together, compare it to the complainant’s account and evaluate any inconsistencies.

Support from PCD Solicitors

We are often asked ‘can you press charges against someone for making false acccusations of rape?’ Typically, you have to wait to be proven innocent before pursuing charges like Perverting the Course of Justice or Wasting Police Time. We recommend you focus on defending your innocence first. All initial advice from PCD Solicitors is completely free of charge.
If you’ve been falsely accused of rape, contact us as soon as possible and we’ll help you navigate the next steps. The earlier we’re notified about your case, the quicker we can use our experience and expertise to build your defence.
Visit our website for more information, or speak to us in confidence today.