Rape and Attempted Rape Defence Solicitors

Lawyers specialising in allegations of rape

Clifford Johnston & Co. has over 35 years’ experience in defending allegations of rape.

Our expert team of Rape Solicitors have the knowledge and skill to advise and represent you. We recommend that you seek expert legal advice as soon as you become aware that an allegation of any sexual offence has been made against you.

Rape allegations are extremely serious and, therefore, it is crucial that you choose a law firm with sufficient expertise and a proven track record in these types of cases.

Engaging the services of Clifford Johnston’s Rape Solicitors offers you the optimum chance of securing a positive outcome, in the event that you are facing allegations of having committed or attempted rape, or any accusations of sexual activity without consent. Our credentials speak for themselves, having seen us shortlisted as finalists for Crime Team of the year at the Manchester Legal Awards in both 2019 and 2020.

What is rape?

Rape is defined in law under Section 1 of the Sexual Offences Act 2003. A person commits rape if he intentionally penetrates the vagina, anus or mouth of another person with his penis, where the other person does not consent to the penetration, and the perpetrator does not reasonably believe that the act was consensual.

Related charges include:

• attempted rape;
• assault by penetration.

Consent

Rape and sexual offences often hinge on the question of consent, which can be a complex issue. This may be affected by the age of the complainant, any mental illness and what is known as capacity. For example, a person’s capacity/freedom to engage in consensual activities may be affected by drugs or alcohol.

What is the maximum sentence for rape?

The maximum sentence for rape, attempted rape and assault by penetration is life imprisonment although this sentence is reserved for the most heinous crimes.

The sentencing guidelines counsel sets out guidance that the Court must consider, when dealing with individuals who have either pleaded guilty or have been convicted of offences of a sexual nature.

Aggravating factors include:

• abduction or detention;
• use of alcohol or drugs on the victim;
• abuse of trust;
• sustained attack;
• violence and/or threats of violence;
• forced entry;
• severe physical or psychological harm;
• premeditation and planning;
• multiple offenders acting together;
• recording of the incident.

I’ve been accused of rape, what happens next?

Seek immediate legal advice. As soon as you become aware that you have been accused of rape, you should seek immediate legal advice. You may be arrested or invited to attend a police interview voluntarily. In either case, legal representation should be a priority.

Do not contact the complainant in any way and resist the temptation to attempt to solve the issue yourself. This rarely ends well. Any attempt to contact the complainant would be viewed very seriously by the police and could lead to further allegations of witness intimidation, or attempting to pervert the course of justice. It could also lead to you being remanded into custody.

If you have been subject of a false rape allegation, it is essential that your case is meticulously prepared with the help of specialist false Rape Solicitors.

Even if you intend to plead guilty, it is very important that you obtain legal advice from a specialist Rape Solicitors with significant experience of sexual offences.

What happens if I am arrested for rape?

If you are arrested, you will be taken to the police station and you will be asked whether you want a solicitor. The police will then contact the solicitor that you have requested or, if you do not know any, the duty solicitor will be instructed on your behalf. The solicitor will then attend the police station, obtain disclosure from the police and then advise you in private. These conversations are confidential.

Your solicitor will obtain your instructions and then advise you as to your options which, in general, are (i) answer questions (ii) submit a prepared statement or (iii) remain silent and answer no comment to all questions.

I’ve been asked to attend a voluntary interview in relation to an allegation of rape, what should I do?

If you have been invited to the police station for a voluntary interview, you should contact a solicitor of your choosing and they will attend the station with you.

Can I change my solicitor?

If you have been given a solicitor or have chosen one that you feel is not best placed to represent you, it is perfectly acceptable to seek alternative representation. If you wish to change your solicitor, you can do so. It is important that you feel comfortable with your solicitor given the gravity of these types of allegations. Instructing specialist attempted Rape Solicitors, who takes a proactive approach, can sometimes make the difference between you being prosecuted or not.

I’ve been interviewed about an allegation of rape, what happens next?

Following your interview, several things could happen. You could be charged and either bailed to attend Court at a later date or remanded into custody. Alternatively, and most likely, you may be bailed to re attend the police station or released under investigation whilst the police complete their investigations.

Accused of rape – can I be named in the press?

It is possible that you may be identified by the media (provided that you are aged 18 or over and that identifying you will not lead to the identification of the complainant). The complainant has the right to anonymity throughout their lifetime, unless the court lifts the restriction.

Is there a time limit to being prosecuted for rape?

There is no time limit on being prosecuted for rape in the UK. When deciding whether to prosecute you, the Crown Prosecution Service must apply their Code of Conduct. The prosecutor must apply the 2-stage test, namely:

• Is there sufficient evidence to provide a realistic prospect of conviction? and;
• Is it in the public interest to prosecute?

Clifford Johnston & Co. – Specialist Rape Solicitors

If you have been accused of rape, attempted rape or assault by penetration it is vital that you choose a team of Rape Solicitors with experience and a comprehensive understanding of this area of law.

At Clifford Johnston & Co, we are committed to making sure that you are afforded the best possible defence. We have an excellent reputation in defending sexual allegations and an impressive track record of acquittals in the Crown Court.

We will give you clear, straightforward, strategic advice and we will keep you fully informed at each stage of the process.

If you choose Clifford Johnston & Co, we can:

• Represent you at the police station;
• Offer you specialist expert advice and assistance throughout your case;
• Draft and submit written representations to the police prior to a charging decision;
• Prepare your case for trial;
• Represent and defend you in court;
• Protect your reputation – We have years of experience in managing situations like this with tact and sensitivity, offering support and advice to you.
• Advise you, if necessary, on the appeals process
• Advise you in relation to ancillary orders such as Sexual Risk Orders, Sexual Harm Prevention Orders and Sexual Offences Notification Requirements.

Clifford Johnston & Co. are a specialist criminal defence firm with offices in Manchester and Stockport, albeit we regularly act for clients across England and Wales, and the rest of the United Kingdom.

How can I fund my Rape Defence?

At Clifford Johnston & Co., we firmly believe that financial limitations shouldn’t hinder your access to quality legal counsel. Our commitment spans both publicly and privately funded legal defence.

You might qualify for legal aid, and our experienced team is here to assist. We’ll assess your eligibility and provide step-by-step guidance on the legal aid application, allowing you to focus on your defence with peace of mind.

Contact us

Clifford Johnston & Co has a team of experienced sexual offences lawyers. We understand the emotional toll that this will take on you and will work proactively for you at each stage to make sure that you understand the process and what options are available to you.

We can liaise with the police on your behalf, advise you through the interview process, represent you in court and put forward a strong, robust defence.

We also have a track record of successfully defending clients facing rape allegations, so contact us today for an initial consultation, immediate representation, and expert advice.

We know that our help can make a real difference to your case.