Legal issues
Consent and reasonable belief are separate but related issues. Where reasonable belief is in issue, all the circumstances are relevant, including any steps taken to ascertain consent. Alcohol or drug use does not answer the legal question by itself; freedom, capacity and the evidence of the particular circumstances require fact-specific analysis.
Other sexual offences have different statutory ingredients, so the suspected offence should be identified precisely. The defence should also distinguish evidential issues from myths or stereotypes about how a complainant or suspect is expected to behave.
Evidence that matters
Relevant material can include first accounts, complete messages, social-media records, photographs, CCTV, venue records, location and travel data, call history, witnesses, medical or forensic evidence and other device material.
The CPS Disclosure Manual on digital material was updated in June 2026. Digital enquiries should be linked to a real issue in the case and handled proportionately; the defence should identify specific material capable of assisting the defence or undermining the prosecution rather than requesting indiscriminate access.
Reasonable lines of enquiry
Reasonable enquiries may include preserving CCTV before overwrite, obtaining complete communications, checking location or booking records, identifying witnesses to events before or after the alleged incident, and pursuing defined digital or third-party material relevant to consent, identity, chronology or another live issue.
In rape and serious sexual offence cases, current CPS guidance places particular emphasis on a recorded and reviewable disclosure strategy. Defence requests should explain the evidential issue and why the proposed enquiry is reasonable and proportionate.
What happens next
Advice should be obtained before a voluntary or arrested interview. A voluntary interview is still an interview under caution and the answers can be used as evidence. The appropriate interview strategy depends on the disclosure, the client’s account and what evidence is likely to exist.
After interview, police may continue with digital, witness, forensic or third-party enquiries while the suspect is on bail or released under investigation. Where there is focused material capable of affecting the evidential or public-interest assessment, pre-charge representations may be appropriate.
If charged, preparation may involve disclosure review, counsel, applications, expert evidence and detailed analysis of witness and digital material through to Crown Court trial.
Immediate steps
Preserve relevant messages, photographs, location history, booking information and other original digital material. Identify CCTV and witnesses early. Write a factual chronology while memory is fresh, separating what is clearly remembered from what is uncertain.
Do not contact the complainant contrary to bail conditions or seek to obtain evidence in a way that risks creating a new allegation. Preserve material rather than editing or curating it.
What should you send us?
Send the police allegation or correspondence; interview date and outcome; bail/RUI documents; next known date; a short chronology; relevant complete communications; CCTV, location or venue information; potential witness details; and any regulatory, employment or professional correspondence arising from the investigation.