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18 Nov 2020

In the UK, if a person is accused of committing a sexual offence, there is a code of practice which has to be followed leading up to a potential trial, regardless of the innocence of the alleged perpetrator.

Known as the Code for Crown Prosecutors, this is followed by the prosecution of sexual assault allegations. In layman’s terms, if you have been accused of a sexual assault and your case is going to trial, the accusers’ solicitor will be obliged to follow this code, with the underlying interest being the safety of their client and the public.

Of course, if you have been accused of a sexual offence which you did not commit, the previous paragraphs may look very foreboding. However, it is simply a summary of the prosecutors’ code of ethics and, as you may have guessed, as this article is based on defending people accused of sexual assault, it is our job to prove that you are innocent within our separate guidelines!

When you approach our team at ABV Solicitors for help with a sexual assault accusation, our sexual offence solicitor will work tirelessly to prove your innocence. We approach every case we are allocated with the highest level of professionalism and will ensure that your side of the story is told, should your case go to trial. Perfect!

But what are some of the other parts of the Code of Crown Prosecutors that may be worth knowing a bit more about? Our sexual offence solicitor answers that questions below.

You don’t have to be deemed guilty to be charged

So, first and foremost, if you have been charged with committing a sexual assault, it is due to the prosecution concluding that there is a realistic chance of conviction.

They will have assessed all of the evidence, taken statements and decided that if the case goes to court, you will be found guilty. However, it is the job of our sexual offence solicitor to do the opposite and convince the court that you aren’t, so, the moment you are charged or arrested, contact our team.

Saying ‘yes’ isn’t always consent

Consent is a key issue, in any case, revolving around sexual assault and, while many people believe that someone saying yes is equivalent to consent, it isn’t.

If the accuser believed that they would be injured, or were threatened into agreeing, then this is not consensual. Or, if the accuser agreed to one sexual act, but not to another, then the consent is deemed void for any further sexual activity.

Gender has no bearing on the treatment of the case

There is a stereotype that if a male is putting forward a sexual assault accusation, it will be treated differently by both the defence and the prosecution, due to the supposed ability to fight off the assailant.

Regardless of the accuser’s gender, such an accusation will be treated with the same level of severity, and all the same statutes under the Code of Crown Prosecutors will be followed.