Have You Been Falsely Accused Of Assault? What Happens Now?

Home » Have You Been Falsely Accused Of Assault? What Happens Now?

Any accusations of assault can turn your world upside down and being accused can be a difficult and distressing situation to cope with, especially if those accusations are false. Because of the highly sensitive and personal nature of any allegations, they can have life-changing consequences for you and your family. So if you’ve been falsely accused of assault, what happens now?

What If You’re Accused?

False allegations  can surface at any time with the reasons behind them being varied. Though it’s usual for any accusations to be reported to the Police in as short a time as possible after the alleged assault, they can also occur many months, even years, afterwards and are then known as historical sexual offences. Police will always take any accusations of this nature seriously and start an investigation.

If such allegations falsely accuse you of any wrongdoing, whatever the timescales involved, you’d hope there’d be an equal balance of evidence to support the claim and you as the accused. Unfortunately, this isn’t the way it usually happens which leads to a lot of uncertainty and frustration, as well as a sense of injustice.

With any false allegations, time is critical and you’ll need to avoid arrest if you possibly can. Once you’re formally arrested – even if it doesn’t lead to any future conviction – the fact will remain on your record and could cause difficulties with any travel and employment.

With a lot to think about in a very short time frame, we’ve specified a list of essential key action points to give you the best chance of a successful outcome.

1. Get Specialist Help As Soon As Possible

Acting fast and getting the specialist legal support you need quickly is key to helping you with any false sexual assault accusations. Getting qualified and experienced sexual offence solicitors on your side as fast as possible is crucial, so they can give you the expert and confidential support and guidance you need.

Any state-funded legal aid offered to you, such as a legal representative or duty solicitor, can only provide limited legal help and advice while you’re held at the Police station in the first instance. They’ll only be able to give you help there and then and you might decide they can’t give you the service you need.

There’s also the possibility they won’t even be qualified to give the specialist knowledge and legal expertise needed for such cases. Getting a lawyer with the right experience in this type of case to represent you – like our experts at MJR Solicitors – and make your case on your behalf is essential.

2. Speak To The Police Voluntarily

Because sexual assault accusations are serious, the chances of the Police arriving at your home or place of work to arrest you are high. If any false accusations come your way, you should speak to the Police voluntarily rather than waiting for an arrest. If you already know the Police want to talk to you, appointing a specialist solicitor beforehand will help you.

Solicitors like us who are well-versed in false accusation cases will be able to talk to the Police directly on your behalf and arrange for any interviews to take place at a convenient time without an arrest being made if possible. They’ll also stand a good chance of getting full disclosure of the facts before your interview so they can discuss the case with you and get you fully prepared.

3. Building Your Case To Prevent Charge

After your interview with the Police, their enquiries could take months to complete, leaving you and your life in limbo. When they are complete, most cases are then sent to the Crown Prosecution Service (CPS) to make a decision on whether or not to charge you. Fortunately, MJR Solicitors have the knowledge and expertise to fight your corner well before this stage.

By being proactive when it counts, we start our own investigations as soon as possible, giving us a solid foundation on which to build your case. If possible, we’ll always provide the Police with further information during their enquiries to help you, as well as extensively written representations to the CPS, establishing why you shouldn’t face charges.

4. Solicitor Liaison

Any false accusations can have a dramatic effect on your own and your family’s life, even more so if they become high profile. Once any details become public knowledge, there will be a frenzy of interest from local (or possibly national) media, as well as intervention from public services. All of this can have a serious effect on your personal and professional life.

If any media do persist in trying to get a story, our advice is to never speak to them without speaking to us first. And for any employment issues caused by the allegations, we’ll work with our specialist employment lawyers to make sure any matters are dealt with quickly and confidentially for you.

If you have children, Social Services are likely to want to speak to you and your family as well. This is a common procedure, but our specialist family law experts can help with any interviews they might ask of you, as well as any issues that arise with your children.

5. In The Aftermath

Even after the allegations against you have been dropped and the Police no longer wish to take the case any further, the knock-on effects can still be damaging. Our policy is to immediately look into any justifiable grounds there may be to make a complaint on your behalf.

Even when an investigation is over and no further action is taken, your future travel and employment prospects may be severely compromised as a result of an arrest you may have been subject to. As part of our services, MJR Solicitors can take the appropriate steps to have this officially removed from your record.

MJR Solicitors have the necessary experience in handling all cases of false accusations before, and even after, they become Magistrate or Crown Court cases. Our tenacity and know-how mean we know what to do, when to do it, and how to do it right, so together we get the best result for you.

If you’re facing false allegations of sexual assault, contact us today. We’re available 24/7 whenever you need us to give you the dedicated and confidential help and support you need. Don’t delay – call us now on 01243 945054 or email us on info@mjrsolicitors.co.uk.

Jane Lloyd

Jane Lloyd is a senior solicitor, higher court advocate and director at MJR Solicitors. She is a highly respected defence solicitor with 25 years’ experience specialising in criminal law and through her career she has been a partner, senior partner and director at several solicitors’ practices throughout the south-east.

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