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If you are facing a rape allegation, obtaining specialist legal advice early can help you understand your position and prepare your defence. I am Mark Kelly KC, a rape allegation defence barrister based in London. I represent individuals facing allegations, including professionals concerned about their liberty, careers and reputations. My approach is confidential, non-judgemental and focused on the evidence.
Call me on 07966 283120 or request a confidential call back.
If you have been accused of rape, whether formally or informally, take the following steps:
An allegation does not establish guilt. Early defence advice can help you make informed decisions without prejudging the circumstances.
Rape allegations require careful examination of the legal issues, evidence and circumstances surrounding the alleged incident.
Under the Sexual Offences Act 2003, rape involves intentional penile penetration, absence of consent and absence of a reasonable belief in consent. The precise issues depend on the allegation.
My defence work may involve:
I also represent individuals facing historic sexual allegations, where records, memory and the passage of time may raise distinct evidential issues.
The process depends on the evidence and decisions made by the police and Crown Prosecution Service (CPS).
You may be contacted for a voluntary interview or arrested. I advise on the allegation, interview preparation and defence strategy.
Where police station representation is required, I can work alongside an instructed solicitor.
Investigators may examine witness accounts, digital devices, forensic material and other evidence.
I assess relevant evidence and whether pre-charge representations are appropriate. The CPS generally makes charging decisions in rape cases.
If charged, the case will proceed through the criminal courts, with serious rape allegations ordinarily tried in the Crown Court.
I advise on the prosecution case, disclosure, legal arguments, witness evidence and trial preparation.
A rape investigation may have consequences beyond criminal proceedings, particularly for doctors, teachers, executives and other regulated professionals.
I consider potential employment, safeguarding and professional disciplinary issues alongside the criminal defence.
Where appropriate, I also advise on related professional regulatory proceedings.
I am based at:
Mark Kelly KC
5th Floor, Barristers Chambers, No5
7 Savoy Court
London WC2R 0EX
My practice also includes suitable cases arising in:
Representation elsewhere in England and Wales can be considered according to the circumstances.
Yes. A rape allegation may proceed without DNA or other forensic evidence. Witness testimony and other admissible material can be relevant. I examine the evidence as a whole, including reliability, consistency and context.
Obtain legal advice before deciding. You have the right to legal advice during a police interview. Whether to answer questions, provide a prepared statement or remain silent depends on the circumstances. Silence can have evidential consequences.
Yes. An investigation may conclude with no further action if the applicable charging requirements are not met. However, no defence barrister can guarantee that charges will be avoided.
There is no single timeframe. The duration depends on factors including witness enquiries, digital examinations, forensic evidence and investigative complexity. I can advise on your current position and the next procedural steps.
Yes. I can advise during the pre-charge stage and may accept direct instructions under the Public Access scheme where appropriate. Some matters require an instructing solicitor, particularly for police station attendance or litigation.
If you have been contacted by the police, are under investigation or have already been charged with rape, I can discuss your circumstances and the available defence options.
I provide personal, discreet representation with careful attention to the evidence, criminal procedure and wider consequences of an allegation. My priority is to ensure that your legal position is properly considered at every stage.
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