RASSO Cases: Interview Strategy Updates

The Unique Challenge

Rape and Serious Sexual Offences (RASSO) cases present particular challenges:

• High stakes (often custody sentences)
• Complainant's account may be limited
• Strong emotional responses
• Disclosure often partial
• Evidential landscape complex

Recent Developments

Pre-Interview Disclosure

Old practice: Very limited disclosure ("complainant says you raped her")

Current guidance (following ATH v R): Police should provide sufficient disclosure to allow meaningful participation:

• When alleged offence occurred
• Where it occurred
• Nature of allegations
• Any key features

Your job: Push for maximum disclosure before advising.

Digital Evidence

Increasingly relevant:

• Text messages
• Social media
• Dating apps
• Photos/videos

Police practice: Often don't disclose digital evidence at interview stage.

Your approach: Ask specifically:

• "Has my client's phone been examined?"
• "Any relevant messages between client and complainant?"
• "Dating app messages obtained?"

The No Comment Question

When to Consider No Comment

Reasons FOR no comment in RASSO:

✓ Insufficient disclosure (you don't know case to meet)

✓ Complex factual disputes (avoid committing to specific version)

✓ Client emotional/traumatised (not fit to interview)

✓ Account requires consideration of records (dates/times/locations)

✓ Allegation historic (client needs time to recall)

The Risk: Adverse Inferences

Section 34 CJPOA 1994: Court can draw adverse inferences from:

• Facts relied on at trial
• Not mentioned when questioned
• When reasonable to have mentioned them

But: Inferences cannot convict alone - need supporting evidence.

The Safeguard: Prepared Statement

Best of both worlds:

• Client's account on record
• Avoid cross-examination by police
• No adverse inferences (fact mentioned)

Content should include:

• Consent (if defence)
• No sexual activity (if defence)
• Relationship context
• Relevant communications

Example:

"My client denies these allegations. The sexual activity was entirely consensual. They had been in a relationship for 3 months and this was a normal part of that relationship. There were text messages before and after that evening which will confirm this. My client is devastated by these false allegations."

Common Defences

1. Consent

Key points:

• What was the relationship?
• Previous sexual history (limited admissibility)
• Communications before/after
• Behavior at the time
• Why would complainant now allege rape?

Advice to client:

• Be clear: was there consent or not?
• Don't embellish or speculate
• Stick to what you actually knew at the time

2. Mistaken Identity

Less common but possible:

• Dark location
• Brief encounter
• Complainant intoxicated
• Multiple people present

Evidence needed:

• Alibi
• CCTV showing you elsewhere
• Witnesses

3. False Allegation

Client says: "Nothing happened at all."

Explore:

• Why would complainant lie?
• Relationship breakdown?
• Custody dispute?
• Revenge?
• Mistaken complaint to partner/family?

Caution: Don't make unfounded allegations about complainant - looks bad.

Interview Pitfalls to Avoid

❌ Pitfall 1: Client Speculates About Complainant's Motive

Client says: "She's lying because she regretted it the next day."

Problem: You don't know what complainant was thinking. Sounds dismissive.

Better: "The activity was consensual. I don't know why she has made this complaint."

❌ Pitfall 2: Victim Blaming Language

Avoid:

• "She was drunk and flirting"
• "She came back to my place, what did she expect?"
• "She was dressed provocatively"

Why: Plays into harmful stereotypes. Jury/court hostile.

Better: Focus on positive consent indicators, not victim's behavior.

❌ Pitfall 3: Inconsistencies in Account

If client gives different versions (e.g., first says "nothing happened", later "it was consensual"):

Prosecution will destroy this at trial.

Your job: Get consistent account BEFORE interview.

❌ Pitfall 4: Admitting "Grey Area" Situations

Client says: "Well, she didn't say yes, but she didn't say no either."

Problem: That's not consent.

Advice: If client unsure whether consent was given = serious problem. May need to consider guilty plea.

Specific Scenarios

Historic Allegations (Years Ago)

Challenges:

• Client may not recall specific dates
• No physical evidence
• Digital evidence lost
• Witnesses' memories faded

Strategy:

• Prepared statement (allows client time to recall fully)
• Ask for maximum disclosure of dates/locations
• Client to check diaries, photos, social media (historic posts)
• Prepared statement can be general: "I have never sexually assaulted anyone"

Child Complainant

Extra sensitivities:

• Interview likely to be ABE video-recorded
• Intermediary may be involved
• Allegations may be less detailed

Your approach:

• Push hard for disclosure (what exactly is alleged?)
• Consider no comment (allegations often vague)
• Prepared statement covering position ("I have never behaved inappropriately with any child")

Partner/Ex-Partner Complainant

Context matters:

• Was there a relationship?
• Previous consensual sexual activity?
• Why has complaint been made now?
• Relationship breakdown?
• Custody dispute?

Evidence to consider:

• Text messages (before and after)
• Social media posts
• Relationship timeline

Disclosure Requests

Always ask police for:

1. Complainant's ABE interview (or at least summary)
2. Any messages between client and complainant
3. CCTV (if relevant)
4. Medical evidence (if any)
5. Witness statements (if any)
6. Client's phone examination results (if done)
7. Dating app messages (if applicable)

Script: "Before my client answers questions, I need to know the full case to meet. Has the complainant's phone been examined? Are there any messages between them? Any CCTV?"

Post-Interview

Bail vs Charge

RASSO cases: Usually bailed for months/years while file sent to CPS.

CPS review: Evidential test + public interest.

Your role:

• Update client on timeframes (can be 6-12 months)
• Prepare client for long wait
• Explain "no news is good news" (if NFA, they'll tell you)

If Charged

Next steps:

• Magistrates' Court (sent to Crown Court immediately)
• Crown Court (plea and trial preparation hearing)
• Consider disclosure issues early
• Discuss evidence (phone downloads, etc)
• Trial preparation

Ethical Considerations

Your Duty

You must:

• Act in client's best interests
• Not mislead court
• Maintain privilege

You must NOT:

• Advise client to lie
• Put forward defence you know is false
• Help client fabricate evidence

The Difficult Client

Client says: "I'll just say she consented."

Your response: "I can only represent you if you tell me the truth. If you lie, and I know it, I cannot continue to act."

If client admits guilt: You can still represent, but cannot put forward false defence. Plea negotiations may be appropriate.

Key Takeaways

✓ Push for maximum disclosure before advising

✓ Consider prepared statement (often best option)

✓ Avoid speculation about complainant

✓ Get consistent account from client before interview

✓ Document everything (notes critical)

✓ Warn client about digital evidence (texts, social media)

✓ Manage expectations (long investigation timeframes)

Further Resources

• CPS RASSO Guidance
• R v ATH [2023] EWCA Crim 1047 (disclosure requirements)
• PACE Code G
• Achieving Best Evidence (ABE) Guidance

This article reflects good practice as at November 2025. Always check current case law and guidance.