Anyone can suddenly find themselves on the wrong side of a false allegation or accusation. Our team have an unparalleled level of success in helping our clients defend themselves when the police or CPS are involved.
What are False Allegations they and why are they increasing?
A false allegation is where someone says that you have committed an offence when you have not done so. We have seen a significant increase in this area of law over the last few years, so much so that we have now set up a dedicated practice in order to deal primarily with these types of offences.
The Telegraph reported in October 2015 that there was a call for a change in the law surrounding sexual assault allegations to protect those who were the victims of the accusation. Sadly the pressure for change has not been widely supported and little has altered. Society, as a whole, almost always favours the alleged victim and finds it difficult to understand why someone would say something serious had occurred if it were not true.
Clearly there are many reasons why people make these allegations and accusations. Whatever the reason we do know that they are being made, and as specialists in this area, we have seen a marked increase in such cases in recent years; a trend acknowledged by the Crown Prosecution Service (CPS), who are now actively undertaking prosecutions for perverting the course of justice where they have occurred.
What is the impact on you and why you need specialist advice
A allegation or accusation of any type and particularly of rape or sexual assault is likely to be devastating to both the accused and their family, be it either malicious or misguided. Reputations can be ruined and lives can be devastated as a result. Convictions for rape, or serious sexual assault result in very lengthy custodial sentences.
The emotional impact can be huge but it can also have a direct impact on your day to day life, your job, and your ability to travel. In addition false sex allegations can also affect your right to spend time with your child. Cases should be dealt with robustly and quickly; the accused should feel confident that the Police will spend as long collating evidence in support of the defendant as they will in obtaining evidence to support a charge. However, in our experience this is rarely the case.
Why instruct us?
With over 30 years experience in handling the most complex and high profile criminal cases our specialism in the field is a given. However, it is in our core values, based on empathy and under-standing, which makes us stand out from the crowd.
We know that many duty lawyers will have dealt with these types of cases at some point in their career, but our team specialise in complex matters of this type on a daily basis and have defended cases alongside the best Queen Counsel in the country.
This means we know what to do and when to do it to ensure the best outcome for you. Recognising what you face, the likely impact that this will have on you, and what that means for future action in your case is so important.
But, in addition to this, we recognise the stress and harrowing impact cases like this can have on the individual when they simply do not know what is happening or is likely to happen next so we always ensure that we keep you informed every step of the way.
Clients who have instructed our partners consistently say that they immediately feel better having spoken to us, and that they feel that they have regained some control.
So what should you do if you feel a false allegation has been made, or could be made against you?
It is important that you act quickly and get an experienced lawyer to represent you as soon as possible.
You want to avoid an initial arrest if you can. Any arrest on one’s record can cause problems with travel, with numerous occupations and for those studying for certain careers. At Monan Gozzett we are experienced in liaising with the police from the very outset to try to avoid initial arrest wherever possible.
Right from the start, you should get experienced advice at the police station. If you get the right lawyer with you, they will be able to get the appropriate level of information at this early stage and quickly identify any weaknesses with police evidence. If you are unrepresented, or do not have the right lawyer, you are highly unlikely to get this valuable information at this crucial time. This could place you at a disadvantage, particularly at a time when you are likely to be very stressed, and dealing with events that could have occurred a long time ago.
We have had unparalleled success at getting false allegation cases dropped at the police station.
Any interview will be recorded and used at trial, so it is vital that you receive the right advice on how to deal with this. We have represented clients who say:
"I did not get advice because I haven't done anything wrong, and I thought if I go into interview and explain everything, it would be okay."
Almost without exception this is regretted at a later stage.
Don't just take our word for it. For a more comprehensive range of client feedback, please see our testimonials page