The Complexity of Modern Sexual Offense Investigations
Specialists in Non-Recent Historical Allegations
Indecent Images and Cyber-Crime Allegations
Navigating the “Police Caution” and Voluntary Interviews
Why you must have an ABV solicitor present
An allegation of a sexual nature is one of the most devastating experiences that a person can ever face. The mere mention of an investigation can jeopardize your career, your family life, and your standing in your community.
At ABV Solicitors, we work to provide a non-judgemental, high-discretion defence service dedicated to those who have been accused of sexual misconduct. We know that there are two sides to each and every story and our role is to ensure that your voice is heard, evidenced and tested correctly.
Sexual offence law in the UK is largely governed by the Sexual Offences Act 2003 and this is intricate. Cases do often rest largely on the concept of “reasonable belief in consent” or factual disputes that are dating back many years.
Because these cases often lack physical forensic evidence, they frequently become a matter of “one person’s word against the other”.
A modern defence does not just rely on cross-examination alone. Instead, it looks for the specific digital footprint of a relationship or encounter to provide the right context that the prosecution may have overlooked entirely.
When our team takes on a case, we will not just wait for the police to finish up their file. Instead, we will begin an immediate parallel investigation. This will involve:
Digital Forensics: We instruct independent experts to recover the deleted messages, social media interactions, and GPS data. Often, the communication between the parties before and after the alleged incident can provide critical evidence regarding consent as well as the nature of the relationship.
Medical Evidence Review: In cases involving physical examinations, we employ independent medical experts who will review the findings. We look for inconsistencies that may suggest an alternative explanation for the evidence that has been presented by the prosecution.
Witness backgrounds: We will meticulously check the reliability of any evidence that is provided. This includes identifying motives for false allegations including personal disputes or external pressures which can be pivotal in a “he-said, she-said” scenario.
Many of our clients are facing allegations that are dating back decades. These are formally known as historical allegations and they can still have a massive impact on your life. As well as this, the cases present unique challenges as physical evidence is non-existent and memories may have faded over time.
Due to this, we specialise in defending these cases by:
Contextualing the Era: Analysing both the social and environmental context of the time the alleged offence occurred.
Identifying Anachronisms: Finding inconsistencies in the accuser’s story that do not align with the historical facts, locations, or historical records
Challenging recovered memories: Working with psychological experts to explain how recovered or repressed memories may be unreliable or influenced by external factors.
The law surrounding the possession or distribution of indecent images is complex and highly technical. Many individuals find themselves under investigation due to “pop-ups,” viruses or being part of automated groups (such as on WhatsApp) where they did not intentionally download any of the content.
The approach is focused on knowledge and intent. This includes:
Technical Audits: We use forensic computer experts to provide that the client may not have even been aware that the images were on the device.
Categorisation challenges: The police tend to incorrectly categorize the “severity” or images. We ensure that each file is accurately assessed to potentially reduce the recorded severity of the charges.
Pre-interview disclosure: We insist that the police reveal the specifics of the allegation before you say a word.
Prepared statements: In sexual offence cases, it is often safer to provide a written prepared statement instead of attempting to engage in a high pressure Q&A. This allows us to put your version of events on record without even risking you being tripped up due to leading questions.
Anonymity: Until a person is charged they will have a degree of privacy. We will work to ensure that the investigation does remain as discreet as possible. We will strive to prevent “trial by social media” where we can.
Even before a trial begins, the policy may apply for a sexual risk order (SRO). This can impose strict conditions on your life. That could include restricting internet use or where you are able to travel.
We will represent clients in contesting SROs and argue that the restrictions are unnecessary or disproportionate
Notification Requirements: Advising on the “Sex Offenders Register” (RSO) and how to manage the legal obligations that come with it, if a conviction does occur. We will also provide advice on how to appeal for removal from the register after the required period is complete.
What if there is no DNA evidence?
In many sexual offense cases, there is no DNA. The prosecution will typically rely on “circumstantial evidence” as well as witness testimony. Our job is to highlight levels of “reasonable doubt” that may exist within that specific testimony.
Can the jury see my past history?
The prosecution will attempt to introduce “bad character” evidence. We will fight these applications vigorously to ensure that the jury focuses on only the facts of the current case and not on unrelated past events.
Will I be named in newspapers, on TV or online?
Under current UK law, the complainant does have lifelong anonymity. However, the accused does not. Until you are formally charged, your identity should remain unavailable to the public by the authorities. We will act quickly and precisely to remove and eliminate leaks that could impact your reputation.
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Six Reasons You Should Hire Professional Sexual Offence Solicitors As A Defendant
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