Rape

Rape and Sexual Offences

If you or someone you know is facing an allegation of rape, conducting as much research as you can is a good idea and it is fortunate that your research has led you here.

 

There are no other allegations that conger the same fear, concern and emotions as allegations of Rape and sexual assault. Simply put, the allegation is horrible and requires a strong robust approach and a proactive defence strategy.

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There are numerous sites and online resources which will give you the definition of rape and some may go a bit further and have actually taken the time to try and put the law into their own words and make it more “human” for you to digest.

 

If that is what you are looking for, then click here for an easily digestible legal explanation of rape and sexual assaults. Whilst this may be what you think you were looking for, our suspicion is that you have come here in an effort to understand what you really need.

 

In our opinion, if you or someone you know is facing an allegation of Rape or sexual assault you will need:

 

  • A strong legal team experienced in the various types of allegations of rape

  • A team with a proven track record of success

  • A team with the resources available to thoroughly investigate your defence

  • A team who will listen attentively, advise you properly, act with force and defend without limit

Recorded criminal allegations of rape and sexual assault have increased over and above any other area of law in the past 10-15 years. Some would suggest that this increase may be as a result of a greater awareness of the prevalence and seriousness of sexual crime. Others might suggest that this is a result of better training of police officers and investigators. The Police have dedicated teams of officers and access to all manner of professionals to put a case together. They have been trained to be receptive to complaints of rape and sexual assault, some which may date back decades. There has been a range of statutory “Special Measures” put in place for children and “vulnerable witnesses” or accusers to give evidence.

 

Whatever may be your opinion about these developments, they have made it much easier to report allegations of Rape and sexual crimes and give evidence in court. There can be no doubt that the number of false allegations of Rape and false allegations of sexual assault have increased. Your defence team need to be prepared and have the tools to actively defend you.

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You will find that we actively defend allegations of Rape and sexual assault without compromise. We make no apology for this. There are many people wrongly accused of Rape and other sexual offences and put simply – we find this shameful. Not only are there many innocent people facing trial, but they may also be wrongly convicted without reasonable hope of those convictions being overturned on appeal. We find this even more shameful, and for our part are not prepared to be party to those numbers.

We believe that understanding the rational of false accusations of rape and the reasoning behind such allegations is the foundation and cornerstone of any defence. It is upon this, which everything else must be built. Cross examination of those making false allegations without a proper and sound understanding of the various reasons why false allegations are made is a road that we leave others to take. We are not in the habit of taking roads that lead to conviction.

Understanding and being prepared, ready and able to deal with the types of tactics commonly employed when bringing prosecutions for Rape or sexual assault is another cornerstone of successfully defending wrongful allegations of rape or sexual assault.

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It is common practice for prosecutors (who, make no mistake are generally chosen for their expertise in securing convictions) to introduce “presumptions” in attempts to seek to justify inconsistencies and contradictions. Juries are already susceptible to believing unreliable assertions and when these are allowed to be put forward by eloquent prosecutors in a convincing way, unchallenged the results can be devastating to a defence case. Prosecutors may seek to suggest that accusers or “victims”:

  • frequently suppress memories of rape, as a reasoning and justification for inconsistencies in evidence.

  • may initially deny rape when questioned but make claims later, in order to justify the inconsistencies in their accounts to the police and courts.

  • will often dissociate themselves from the memories of rape as a justifiable reasoning for being hazy or inconsistent in their evidence or explanation.

  • Who suffer emotional and / or psychological problems in later life are evidencing symptoms of historic rape.

  • May progressively remember or disclose multiple serious incidents of rape and that this is quite common.

Without proper expert foundation based on the particular facts of the case and the particular characteristics of the accuser, these assertions or stereotypes are nothing more than fallacies. However, dismissing these as mere fallacies would be foolish as they are likely to exert a strong prejudicial effect on a jury and should be challenged properly, when dealing with allegations of Rape and sexual assault.

Defence lawyers should be alert and robust and not allow prosecutors a free reign to make such assertions unchallenged. A thorough robust approach is required not only during the trial itself, but in the preparation of the defence against allegations of rape and sexual assault.

In recent years so much has been done to increase the conviction rate for allegations of Rape and sexual assault. We have witnessed a gradual but marked relaxation in the rules of evidence in favour of accusers or with a corresponding erosion of the protection traditionally provided to the accused.

Defence teams are therefore required to be more robust in their defences than ever before.

If you were represented by another solicitor when you were interviewed, charged or attended Court, you may have been represented by the GP of the legal world. There is nothing wrong with GP’s, duty solicitors or other types of practitioners and we do not seek to criticise any of them. They provide an excellent service on the whole for the moment in which it is required. We suggest that it’s now time to move to the experts of the legal world.

Call us today for a no-obligation confidential discussion as to how we can help you. If you are calling on behalf of someone else, we can arrange visits in prison or at home to ease the burden.

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SJ LAW
LONDON SOLICITORS

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London E17 7BX

020 8520 6600
info@sj-law.co.uk

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