Jordan Trengove was a typical 18-year-old enjoying a night out with friends on 9 March 2019. He had no idea at the time that his life was about to change forever, thanks to being falsely accused of rape. The false accusations were made against him by Eleanor Williams, who was found guilty of perverting the course of justice by telling “malevolent” lies about being trafficked by an Asian grooming gang and making false rape allegations against a series of men, including Mr Trengove.
Mr Trengove spoke to the media about the high price he paid after being falsely accused of rape. He spent 10 weeks in prison on remand and had the word ‘rapist’ painted on the side of his house. He now suffers from depression and post-traumatic stress disorder as a result of his imprisonment and has at times been suicidal.
Being falsely accused of rape or sexual assault can launch men into a nightmare of trial by social media, being shunned by their community, and seemingly endless police interrogations. It is one of the most serious allegations you can face and you must take it seriously.
Early advice from experienced rape defence solicitors can be critical in protecting your position from the outset, before you speak to the police. You have a right to legal representation at the police station and you should secure expert legal advice as soon as possible. By proactively working on your defence and identifying weaknesses in the prosecution case, it is often possible to influence whether an allegation leads to prosecution. Solicitors experienced in pre-charge representation can assist in that process, including seeking to secure No Further Action outcomes wherever possible.
Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
What Happens If You Are Falsely Accused of Rape?
Often the first indication that an allegation has been made is a sudden arrest and detention at a police station. This is done to give the police immediate powers to secure evidence, including the seizure of mobile phones and other devices, and to impose bail conditions preventing contact with the complainant.
In some situations, a voluntary interview may be arranged instead, usually where the allegation is historic and there is no immediate concern about interference with the investigation.
You will then be interviewed under caution:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
The approach taken in interview (and in later re-interviews) is a critical decision. In some cases, answering questions may be the best approach and can provide the most convincing denial of the allegation. However, it carries risks. Poorly chosen wording, unintended concessions, or inconsistencies caused by gaps in memory can create significant difficulties later.
In other cases, a prepared statement may be a safer option, allowing you to set out your account in a controlled way without being drawn into detailed questioning. There are also scenarios where simply answering “no comment” to all questions may be the best course, particularly where the evidence is unclear or weak.
The correct approach depends entirely on the specific circumstances of the case and should only be decided with the benefit of specialist legal advice.
If you are arrested, the police can usually detain you for up to 24 hours before deciding whether to charge or release you. In serious cases such as rape, this period can be extended.
Where there is insufficient evidence to charge but the investigation continues, you may be released on bail with conditions, or released under investigation. Any conditions imposed must be complied with as a breach carries the power of arrest and can affect bail at the court stage.
What Happens Next – Will I Be Charged?
After the interview, the police will continue the investigation. In most cases, you will be released on bail with conditions. Bail is subject to review dates and extensions, and conditions can remain in place throughout unless challenged.
Rape investigations often continue for many months. It is common to receive little or no meaningful update during this time. Many people feel left in the dark at this stage, particularly if they were only represented at interview by the duty solicitor and do not have ongoing legal advice as the investigation develops.
During this period, further evidence may be gathered by the police. This can include forensic analysis, examination of digital devices, and additional statements. In many cases, a formal video-recorded interview will be taken from the complainant after your initial interview, which can lead to a further interview to put further details of the allegation to you.
Once the investigation has concluded, a charging decision is usually made by the Crown Prosecution Service. The CPS applies the Full Code Test, considering whether there is a realistic prospect of conviction and whether a prosecution is in the public interest.
Many cases are effectively decided during this stage. How the evidence develops, and how your position is handled while the investigation is ongoing, can have a significant impact on whether a charge is brought.
If a charge is brought, the case will begin in the Magistrates’ Court before being sent to the Crown Court, as rape is an indictable-only offence. You will then be required to enter a plea at a Plea and Trial Preparation Hearing, and a trial date will be set if the case proceeds. Due to the backlog in the Crown Court, it can take many months for a trial to take place, and in some cases several years.
What Needs to Be Proved?
Under the Sexual Offences Act 2003, a person commits rape if they intentionally penetrate another person without consent and without a reasonable belief that the other person consents.
In any case, the prosecution must prove both:
- that the complainant did not consent, and
- that the defendant did not reasonably believe that they consented
The issue of “reasonable belief” is assessed by looking at all the circumstances, including any steps taken to establish consent at the time.
How a Solicitor Can Help Before and After Charge
Before any decision is made about charge, a solicitor can advise on how to approach a police interview (and any subsequent re-interviews) and review the available evidence. In some cases, proactive steps can be taken to ensure your account is properly understood by submitting detailed written representations to the officer in the case, and by highlighting weaknesses in the allegation while the investigation is ongoing.
This stage is often critical. Many cases are shaped, and sometimes resolved, before any charging decision is made.
If a charge is brought, your solicitor will prepare your defence, analyse the prosecution evidence in detail, and represent you throughout the court process. This may include instructing appropriate expert witnesses and working with experienced specialist counsel. As a recognised specialist criminal defence team, this can involve working with leading experts and counsel where required.
If you have been falsely accused of rape our Sexual Offence Solicitors can help. Please get in touch through our contact page here. Alternatively you can phone 0333 240 7373, or email us at [email protected]. All enquiries are treated as confidential.