Being accused of a sexual offence can have devastating consequences, particularly when the allegation is false. A police investigation can destroy your personal life, employment, relationships and reputation, even before any decision has been made about prosecution.
If you believe an allegation is false, it is critical not to assume that the situation will resolve itself. Sexual offence investigations involve detailed examination of witness accounts, communications, digital evidence and other material that can determine your future.
Obtaining specialist legal advice at the earliest possible stage can protect your rights, your reputation and your liberty throughout the investigation process.
What should you do if an allegation has been made?
The first step is to seek expert legal advice immediately.
You may be contacted by the police and asked to attend an interview, either following an arrest or voluntarily. You should obtain specialist legal advice before agreeing to answer questions about the allegation.
It is also critical to avoid contacting the complainant about the allegation. Attempting to discuss the matter directly could create further issues or become relevant to the investigation in ways that damage your defence.
Instead, allow your solicitor to advise you about how to respond and what information may need to be preserved to protect your position.
Preserve relevant evidence
If you believe you have evidence that supports your account, do not delete, alter or discard it under any circumstances.
Messages, emails, photographs, call records, social media conversations and other digital material may become critical to a criminal investigation. Depending on the circumstances, CCTV footage, travel records or other documentation may also prove essential to your defence.
You should not attempt to manipulate or manufacture evidence. Preserving material in its original form allows your solicitor to consider what may be relevant to building a robust defence.
Digital evidence can be particularly significant in sexual offence investigations because communications before or after an alleged incident may form part of the evidence considered by the police and prosecution.
What happens during a police investigation?
The police may investigate an allegation before making a decision about whether to bring criminal charges that could change your life forever.
This can involve interviewing the complainant and the person accused, obtaining witness statements, examining digital evidence and carrying out other enquiries that build the prosecution’s case.
If you have been arrested, you are entitled to expert legal advice while in police custody. If you have been invited to attend a voluntary interview, you can also obtain specialist legal advice before attending.
A solicitor can explain the allegations being investigated, advise you about the interview process and consider the information disclosed by the police to develop a strategic approach to your defence.
What if you are released on police bail?
Being released on police bail does not necessarily mean that you will be charged with a criminal offence.
The police may continue investigating the allegation and may impose conditions that you must comply with to avoid further complications. Alternatively, you may be released under investigation while enquiries continue.
During this period, it is essential to comply with any conditions and keep your solicitor informed of any developments that may affect your case.
Depending on the circumstances, your legal team may consider whether pre-charge engagement with the police is appropriate to protect your interests. This can involve making representations or providing relevant information before a charging decision is made.
Whether this is appropriate will depend entirely on the circumstances and evidence in the individual case and requires sophisticated legal judgment.
Why early legal advice is important
Sexual offence investigations are highly fact-specific and can determine the course of your entire future. There may be significant amounts of evidence to review, and the circumstances surrounding an allegation can be complex and require expert analysis.
If you have been falsely accused of sexual assault, early legal advice allows a specialist solicitor to begin considering the evidence and the circumstances surrounding the allegation from the outset.
This may include examining inconsistencies in accounts, considering relevant communications or other evidence, and identifying material that may need to be preserved or obtained to build your defence.
A defence should be based on the evidence and the particular circumstances of the case rather than assumptions about what may have happened or hoping the matter will simply disappear.
What happens if you are charged?
If the police decide to charge you, the case will enter the criminal court process with your liberty and reputation at stake.
Your solicitor can advise you about the allegations, review the prosecution evidence and explain what happens next at every stage. Depending on the offence and circumstances, proceedings may take place in the Magistrates’ Court or Crown Court.
Sexual offence proceedings can be lengthy and involve detailed preparation that requires experienced legal representation. Your legal team will need to consider the prosecution evidence, identify the issues in dispute and prepare your case accordingly to deliver the strongest possible defence.
Getting specialist legal advice
Being investigated for a sexual offence can be an extremely serious and stressful experience that threatens everything you have worked to build. If you believe an allegation against you is false, it is essential to obtain specialist legal advice rather than attempting to deal with the investigation alone.
Early advice can help you understand your rights, protect relevant evidence and make informed decisions throughout the investigation that could determine the outcome of your case.
If you have been falsely accused of sexual assault, are under investigation or have been asked to attend a police interview, specialist criminal defence solicitors can advise you about your circumstances and the appropriate next steps to protect your reputation, your liberty and your future.
