Arrested for Rape / Sexual Assault

Rape

Rape is an offence under the Sexual Offences Act 2002 and occurs when a person intentionally penetrates the vagina, anus or mouth of another person with his penis, knowing that such penetration was not consented to. Problems may arise in determining whether the person consented to the penetration, there would be multiple circumstances to be considered. We would always question the circumstances around the situation such as where the alleged assault was, what the person was wearing, how many people would have walked by, whether they had been drinking, was a “rape kit” was used by the police in the allowed timeframe etc. It would be for the police to prove that penetration had occurred, this will depend on the evidence gathered. Determining whether there was consent (or there was a high expectation/indication that consent was granted) is crucial as a conviction could easily include a prison sentence.

 

If you are accused of rape with a child (a person under 13) then the sentence is likely to be higher, there is no defence regarding consent, however, we would seek to place a specialist child interviewer with them who can talk to them and find out details, during these interviews the child’s version of events may change, sometimes quite significantly. This gentle probing often shows up a sufficient number of discrepancies to indicate to the police that the case has no merit. If it is apparent that the situation is being made-up as the child goes along then we would suggest (after consulting with yourself) that the police, rather than face embarrassment in court would simply agree with our findings, drop the case and release you without charge.

 

Sexual assault

This is quite a wide-ranging charge and covers matters from “accidental touching” to penetration (albeit not with a penis) Under the Act a person commits an offence if they intentionally sexually touch another person without their consent (and knowing they would not give consent if asked). Again, situations may arise that cause doubt over such a claim, the touching, if it did occur could be accidental, again the proof is required as the penalties could range from imprisonment to a fine. A person commits an offence under the same section of the Act if they intentionally penetrate the vagina or anus of another person with a part of their body or anything else, the assault must have been intentional. Again, determining whether there was consent or actual penetration is crucial as a conviction could easily include a prison sentence.

 

For further information please see the Sexual Offences Act 2002 at https://www.legislation.gov.uk/ukpga/2003/42/pdfs/ukpga_20030042_en.pdf

 

What to do if arrested

If you are arrested then you should not feel compelled to help the police obtain a nice quick conviction. In such situations, you have a right to inform someone of your arrest. More importantly, you have a right to access free independent legal services when you request them. If this is ever in doubt, inform the police officer that you are allowed help under Section 58(1) of the Police and Crime Evidence Act 1984. Moreover, if you are eventually interviewed in the absence of legal services, you should remember that you neither have to answer the question posed to you nor can you be compelled to do so. You can simply choose to stay silent.

 

It is worth noting that once you request legal representation, you cannot be interviewed until you have access to suitable representation. Also, if you are already being interviewed after indicating that you did not require legal advice, once you request for it, even during the interview, the police will have to postpone the interview until you have been given the advice.

 

Whilst in custody you have certain rights:

• To get legal advice;
• To tell someone where they are;
• To get medical help, and to see a copy of the rules the Police must follow (Codes of Practice).

 

After being arrested we would strongly advise you to simply confirm your details and not rise to any of their quips or questions which are designed to solicit an admission of guilt, hence making their quest for a conviction a lot easier, instead simply state that you will not answer any questions until you have received legal guidance. Remember, simply saying “sorry” is classed as an admission of guilt, if you give an investigating officer the slightest chance, they will exploit it to the maximum.

 

If you cannot afford legal representation, you will be offered free and independent legal advice, however, you should not assume that the duty solicitor appointed for you will keep your details private, after all, they have the same paymaster and the solicitor will be extremely familiar (and thereby friendly) with the police officers and not want to cause them any inconvenience. In our opinion, this creates a dangerous situation as regards legal confidentiality. Our representatives are totally independent and would not disclose any part of your conversation with them to the police. If you are seeking alternative legal help, we strongly suggest you use a private solicitor and do not rely on the duty solicitor for reasons already stated.

 

How we can help

We would suggest that you inform the police that you would like professional representation at the very earliest convenience, getting representation after you have already given (or been tricked into) a confession (or terms that may be interpreted as such) causes a multitude of problems. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.

 

Your caseworker would immediately assign someone to meet with you as soon as possible. Because we are internet-based, we may not have our own actual solicitor in your area and may have to use a local one who is expertly qualified in his field. Their costs for attending may be more than our standard charge, if this is the case then your caseworker will discuss this with you. The solicitor will guide you through all aspects of the arrest and would not carry the same risks to you as using a duty solicitor.

 

Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard