Here are some of the most commonly asked questions we have heard over the years about rape cases. If there’s a question you have and we haven’t covered below, get in touch with us. A member of the team will be able to help.
What Should I Do If I’m Accused of Rape?
If you are accused of rape, it is important to remain calm and take immediate action to protect yourself legally. The first step is to avoid any contact with the complainant, as this could be misinterpreted and used against you. Seeking legal representation as soon as possible is crucial. A specialist rape defence solicitor can guide you through the legal process and ensure your rights are protected.
It is also essential to stay off social media and avoid discussing the case publicly. Anything you say, even in private messages, could be used as evidence. Preserving all relevant communication records, such as text messages, emails, and CCTV footage, can help support your defence. Witnesses who can confirm your version of events may also be valuable.
Cooperating fully with your solicitor will allow them to build the strongest possible defence. Providing detailed and accurate information from the outset can make a significant difference in challenging false or weak allegations. A well-prepared legal strategy increases the chances of a favourable outcome.
Do I have to answer police questions in a rape case?
You do not have to answer police questions without legal representation. Under the Police and Criminal Evidence Act 1984 (PACE), you have the right to remain silent and the right to legal advice.
If the police ask to question you:
- Request a solicitor immediately.
- Do not answer any questions until legal advice is provided.
- A solicitor can attend the interview and advise you on how to respond.
Even if you are innocent, speaking without legal representation could harm your defence.
What evidence is needed to prove rape?
To secure a rape conviction, the prosecution must prove sexual intercourse occurred, the complainant did not consent, and the accused lacked a reasonable belief in consent. Evidence may include forensic reports, digital records, CCTV footage, witness statements, and the complainant’s account. A defence solicitor will analyse inconsistencies to build a strong case.
Can a rape case be dropped before trial?
Yes, rape cases can be dropped before trial if:
- There is insufficient evidence to proceed.
- The complainant withdraws their allegation (although the CPS may still continue the case).
- New evidence emerges that supports the defence.
The Crown Prosecution Service (CPS) reviews all cases and must decide whether there is a realistic prospect of conviction. If evidence is weak, charges may be discontinued.
An expert defence solicitor can challenge weak evidence early, increasing the chances of case dismissal.
What happens if I’m found guilty of rape?
Potential penalties include:
- Prison sentence – Typically 5 to 19 years, but can be up to life imprisonment.
- Sex Offenders Register – Mandatory registration, which can last indefinitely.
- Employment restrictions – Convictions may bar individuals from working in certain professions.
- Reputation damage – Public records of conviction can affect personal and professional life.
- Travel restrictions – Some countries refuse entry to those with sexual offence convictions.
If convicted, appealing the verdict may be possible in certain circumstances. A solicitor can advise on post-trial legal options.
Can I get bail if charged with rape?
Bail may be granted, but rape is considered a serious offence, meaning courts apply strict conditions.
Factors that affect bail decisions:
- The risk of reoffending or interfering with witnesses.
- The strength of the prosecution’s evidence.
- Past criminal history.
If bail is refused, a solicitor can appeal the decision and seek alternative conditions.