What to do if you’ve been falsely accused of rape.
Rape is one of the most serious allegations that can be made against a person. A rape conviction carries a maximum sentence of life imprisonment, so if you’re in a situation where you believe you’ve been falsely accused of raping or sexually abusing someone, it’s reasonable that you may have questions.
Contrary to widespread understanding, rape is not always an act committed against a woman by a person unknown to her in a violent way and in a public place. The offence can be committed in a private location and intimate setting, upon people of all genders and by a person known to the victim. Rape is any penetrative sexual act which occurs without consent.
Consent must be ‘given’. Section 348 of the Criminal Code Act 1899 (Qld) provides that consent must be given freely and voluntarily by a person with the cognitive capacity to give the consent. A person’s consent is NOT given if (for example) it is obtained by force, threat, intimidation or false representations about the nature of the sexual act.
The giving of consent is the making of a representation by some means about one’s actual mental state when that mental state consists of a willingness to engage in an act. Although a representation is usually made by words or actions, in some circumstances, a representation might also be made by other means. However, if the victim alleges that they did not give or intend to give consent BUT their actions, or failures to act may imply a giving of consent then there are defences available to you and you should obtain legal advice.
When a complaint of rape has been made, the police will endeavour to use relevant evidence to prove guilt against you. The evidence may include phone records (including all text messages, recorded phone calls (pre-text calls) and social media messages), medical evidence obtained via a Sexual Assault Investigation Kit (SAIK), forensic evidence (e.g. DNA from sheets) and evidence given by any purported witnesses.
The onus is on the prosecution to prove the charge against you beyond reasonable doubt. There is no obligation upon you to prove your innocence.
The charge of rape must be finalised in the District Court. If you choose to challenge the charge your guilt will be determined by a jury (with a Judge directing on the law).
The legal costs associated with defending a rape charge can vary.
The total costs can vary between approximately $15,000.00 to $80,000.00, depending on whether you plead guilty or challenge the charge and the skill/experience of the solicitors and barristers you engage to act on your behalf.
If you have been accused of rape, it is imperative that you seek legal advice immediately.