Rape Defence Solicitors & Lawyers in Scotland

If you have been accused of rape, or think you may be under investigation, speak to a rape defence solicitor before you speak to the police. Rape is one of the most serious charges in Scots law. It can only be tried in the High Court of Justiciary, and the maximum sentence is life imprisonment. The earlier our rape defence lawyers are involved, the more we can do to protect your position.

Beltrami & Company has defended people accused of rape and other serious sexual offences across Scotland for decades. Our team of solicitors and solicitor advocates acts from the first police contact through to trial in the High Court and, if needed, appeal. Call us in confidence on 0141 890 5555 or contact us online.

Accused of Rape? What to Do Now

• Get legal advice before any police interview. You are entitled to a solicitor before and during a police interview, and our police station solicitors can attend with you. Anything you say can be used in evidence.
• Do not contact the person making the allegation, directly or through friends or social media. Contact can be treated as interference with a witness, and bail conditions usually forbid it.
• Keep everything. Do not delete messages, call logs, photos or social media activity. Digital evidence can be central to a rape defence, and it can support your account as well as the Crown's.
• Do not discuss the allegation with anyone other than your solicitor.

What Counts as Rape in Scots Law?

Rape is defined in section 1 of the Sexual Offences (Scotland) Act 2009. A person commits rape if, with their penis, they penetrate the vagina, anus or mouth of another person, intentionally or recklessly, without that person's consent and without any reasonable belief that they consent.

The Act applies to conduct on or after 1 December 2010. Allegations about events before that date are prosecuted under the common law of rape that applied at the time, which was defined differently. A rape lawyer needs to identify at the outset which law applies to the charge you face.

Consent and Reasonable Belief

Most rape trials turn on consent. Under the 2009 Act, consent means free agreement. The Act lists situations in which there is no free agreement, including where the person:

• is incapable of consenting because of the effect of alcohol or any other substance
• agrees or submits because of violence or threats of violence
• is unlawfully detained
• is deceived about the nature or purpose of the conduct, or by someone impersonating a person they know

A person who is asleep or unconscious cannot consent, and consent can be withdrawn at any time, including during sexual activity.

The Crown must also prove that the accused had no reasonable belief in consent. In deciding whether a belief was reasonable, the court will consider whether the accused took any steps to find out whether there was consent. These questions often depend on the detail of what happened before, during and after the incident, which is why careful investigation of the evidence matters so much.

What Happens After a Rape Allegation or Charge?

Police investigation and interview. You may be asked to attend a voluntary police interview, or you may be arrested. Our rape allegation solicitors can advise you before the interview and attend with you.

Charge and first appearance. Rape is prosecuted under solemn procedure. The case usually begins with an appearance on petition in the sheriff court, where the question of bail is decided. The case then moves to the High Court.

Preparing the defence. The Crown must disclose its evidence. We examine every part of it: witness statements, the timeline, messages and phone data, medical and forensic findings, and any prior statements. We also identify and trace defence witnesses and instruct independent expert evidence where needed.

Trial. Rape trials take place before a judge and a jury of 15 in the High Court. The not proven verdict has been abolished for trials starting on or after 1 January 2026, and at least 10 of the 15 jurors must agree for a guilty verdict.

Evidence in Rape Cases

Corroboration. Scots law still requires corroboration, meaning the essential facts must be supported by evidence from more than one source. Recent decisions of the High Court have widened what can count as corroboration in sexual offence cases, so it is important to have rape defence lawyers who follow these developments closely.

Character and sexual history evidence. Evidence about a complainer's sexual history or character is generally not allowed unless the court grants a section 275 application. How that application is prepared can shape the whole trial.

Representation at trial. A person accused of rape is not allowed to conduct their own defence at trial. They must be represented by a lawyer.

Historical and False Rape Allegations

There is no time limit on prosecuting rape in Scotland, and charges can be brought many years after the events described. Historical cases raise their own difficulties: witnesses who have died or can't be traced, records that no longer exist, and memories that may have changed over time. We have defended historical sexual offence allegations for many years.

If you have been falsely accused of rape, the consequences for your family, work and reputation can begin long before any trial. Our false allegation defence solicitors test the reliability and credibility of the allegation and look for the evidence that supports your account.

Sentencing and the Sex Offenders Register

The maximum sentence for rape is life imprisonment. A conviction also brings notification requirements, commonly called being placed on the sex offenders register. How long these last depends on the sentence. For example, a prison sentence of 30 months or more means notification for an indefinite period.

Why Choose Beltrami's Rape Defence Lawyers?

• Experience at the highest level. The firm has acted in more than 150,000 cases over 60 years in every court in Scotland.
• A team built for High Court trials. Led by Gary McAteer, our team includes solicitor advocates, a King's Counsel and experienced solicitors. This means your case can be prepared and presented by the same firm from police station to verdict.
• Detailed, sensitive preparation. Rape cases depend on credibility, reliability and detail. We investigate thoroughly and handle every case with discretion.

Rape Defence Solicitors in Glasgow, Edinburgh and Across Scotland

We are based in Glasgow and our rape solicitors represent clients across Scotland, including Edinburgh, Aberdeen, Dundee, Inverness and Ayrshire. Wherever the allegation arises, the trial will take place in the High Court, and we will be with you at every stage.

Frequently Asked Questions

Should I speak to a lawyer before a police interview about a rape allegation?
Yes. You are entitled to legal advice before and during a police interview. What you say can be used in evidence, so take advice before answering questions.

Which court deals with rape cases in Scotland?
Rape can only be tried in the High Court of Justiciary, before a judge and jury. Early hearings, such as the first appearance on petition, usually take place in the sheriff court.

Can I be charged with rape years after the alleged incident?
Yes. There is no time limit on prosecuting rape in Scotland. Allegations about events before 1 December 2010 are dealt with under the common law that applied at the time.

What does consent mean in a rape case?
Consent means free agreement. There is no free agreement in certain situations, for example where someone is too affected by alcohol to consent, is asleep or unconscious, or agrees only because of violence or threats.

Is there still a not proven verdict in rape trials?
No. The not proven verdict was abolished for trials starting on or after 1 January 2026. The jury now chooses between guilty and not guilty, and at least 10 of the 15 jurors must agree to convict.

Will I be put on the sex offenders register?
A conviction for rape brings notification requirements. The length depends on the sentence, and a prison sentence of 30 months or more means an indefinite period.

Contact Our Rape Defence Solicitors

Every enquiry is handled in strict confidence. Call us on 0141 890 5555 or contact us online, and speak to us before any police interview.

We also defend all other sexual offences, including sexual assault and offences under the Sexual Offences (Scotland) Act 2009.