Marcus sorted out my images case for me. Top team got me a great result. Really pleased with the outcome as I can now move on with my life. Thanks Marcus
Accused of rape?
What you need to do right now.
If you have been accused of rape, or you believe you are about to be, the decisions you make in the next few hours matter. Do not speak to the police without legal representation. Do not contact the complainant. And do not wait to get legal advice.
Having specialist representation at your side means you’re getting the best advice from experts who understand this area of the law completely.
If you have already been interviewed, or if you are facing a voluntary interview, contact us now. The sooner you obtain specialist advice the more options you will have.
Get immediate specialist legal advice now
- Specialist in sexual offence cases
- Hundreds of clients advised at every stage of the legal process
- Acquittals at trial
- Investigations closed before charge, resulting in no further action
- Convictions successfully appealed
What is rape under UK law?
Under Section 1 of the Sexual Offences Act 2003, a person commits rape if they intentionally penetrate the vagina, anus or mouth of another person with their penis, without the other person’s consent, and without a reasonable belief that they were consenting.
Under the Act, a person consents to sexual activity only if they agree by choice and have the freedom and capacity to make that choice. Capacity includes considerations of age, mental capacity, and intoxication.
Rape is an indictable-only offence. This means it can only be tried in the Crown Court, before a jury.
Related offences, like assault by penetration and sexual assault, are often investigated at the same time. If you have been accused of any of these offences, the same need for specialist legal advice applies.
What happens after you are accused of rape?
Why choose PCD Solicitors?
PCD Solicitors specialise exclusively in defending allegations of sexual offences, including rape. We do not handle other areas of criminal law. Every solicitor in our team works on sexual offence cases every day. This focus gives us a depth of expertise and a quality of advocacy that general criminal defence firms cannot replicate.
We have advised hundreds of clients accused of rape at every stage of the criminal justice process, from pre-investigation through to post-conviction appeal. Our outcomes include the closure of police investigations before charge, acquittals at trial, and the successful appeal of both convictions and sentences.
Frequently Asked Questions
Can I be named in the press if I am accused of rape?
You can be, if you are arrested and charged, and the case reaches court. Before charge, reporting restrictions and legal protections may apply. PCD Solicitors can advise you on your specific position and take steps to protect your privacy where possible.
Is there a time limit on being charged with rape in the UK?
No. There is no statutory time limit on prosecuting rape in England and Wales. Allegations relating to events many years in the past are regularly investigated and prosecuted. If you are facing a historical rape allegation, the same need for specialist advice applies.
What is the difference between a voluntary interview and an arrest?
If you are arrested, you are taken into custody and interviewed under caution. If you are invited to a voluntary interview, you attend without being arrested. In both cases, you are interviewed under caution and anything you say can be used in evidence. You have the right to legal representation in both situations.
What is the sentence for rape?
The maximum sentence for rape is life imprisonment. The Crown Court will set the sentence based on the harm caused to the complainant, the culpability of the defendant, and any aggravating or mitigating factors. A single offence of rape for a first time offender usually results in a prison term of 5 to 9 years.
Aggravating factors, that increase the likely sentence, include the use of alcohol or drugs, the involvement of violence or coercion, premeditation, and prior convictions for sexual offences.
Mitigating factors are considered alongside these. The judge has significant discretion in reaching a sentence within the statutory range.
In addition to a custodial sentence, a conviction for rape typically results in:
- Compulsory registration on the Sex Offenders Register for an indefinite period
- A Sexual Harm Prevention Order (SHPO), which can impose restrictions on your movements, relationships, and internet use
- Travel restrictions
- Publication of the conviction in local press
Can I change my solicitor part way through a case?
Yes. You can instruct PCD Solicitors at any stage of your case, even if another firm has been acting for you. We will review what has happened so far and advise on the best way forward.
What if the accusation is false?
An allegation is not a conviction. PCD Solicitors have extensive experience in defending clients who believe they have been falsely accused. Building a defence that challenges the reliability of the allegation is a core part of what we do.
What should I do if my child has been accused of rape?
Cases involving defendants under 18 are handled differently, including the possibility of youth court proceedings and specific safeguarding considerations. PCD Solicitors can advise parents and guardians facing this situation.
What are SHPOs and the Sex Offenders Register?
A Sexual Harm Prevention Order is a court order that can be imposed on you after conviction. It allows the police to monitor your activity and behaviour, such as travel, internet use, phone calls, etc. The Sex Offenders Register is a mandatory reporting requirement that applies to anyone convicted of a qualifying sexual offence. Both are long-term consequences of a rape conviction that make early, effective legal representation all the more important.
Can someone consent if they were drunk?
Under the Sexual Offences Act 2003, a person can only consent if they have the freedom and capacity to make that choice. Intoxication may affect capacity to consent, but whether it does in any specific case depends on the facts. This is a contested area of law where expert legal argument can make a significant difference to the outcome.
Do you represent clients in London?
Yes, PCD Solicitors advise clients across England and Wales, including London, Manchester, Liverpool, Birmingham, Leeds, Newcastle, Cardiff, and Southampton.
Let’s talk.
Contact us for free legal advice
A rape allegation is a life-changing event. The earlier you get specialist legal advice, the more your lawyers can do. PCD Solicitors are available seven days a week. Every call is confidential.
Call for immediate, confidential advice
The Maltings, 100 Wilderspool Causeway,Warrington, Cheshire, WA4 6PU, UK
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