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15 Jul 2020

We sometimes find that people accused of sexual crimes are first-time offenders with a limited understanding of the legal system. It’s for this reason that our law firm, ABV Solicitors, urge alleged perpetrators to seek out our sexual offence solicitors for legal protection at the earliest opportunity.

On top of providing second-to-none representation, we feel we must fully educate our clients on their rights, what they should do if arrested, and the types of defences one can use to mitigate the punishment they face or have the charges made against them dropped. This article aims to address the above and answer FAQS regarding sexual offence charges.

What you should and shouldn’t do when charged with a sexual crime

Don’t call the alleged victim

Don’t communicate with the alleged victim during this critical time if you believe that a misunderstanding has taken place. Instead, hand over any evidence that could strengthen your case, i.e. messages, call logs or emails to your sexual offence solicitor.

Do call your lawyer if you’ve been arrested

We strongly encourage you to call our sexual offence solicitor, even if you’re falsely accused. You might want to cooperate with the police and provide evidence that proves your innocence, but it’s in your best interest to wait for your lawyer to advise you before you start talking. Practising your right to remain silent will prevent you from being implicated because of an ill-thought comment.

How can my innocence be proven?

Being implicated in a sexual offence can damage your reputation, or worse, could have you facing serious jail time if you’re found guilty and convicted. So what defence strategies should you employ to prove that the allegations made against your person are false? Read below to find which defence will help your case best.

A watertight alibi

The responsibility of a prosecutor is to prove that the perpetrator committed the crime without reasonable doubt. An alibi showing that the person accused was in a different location to the alleged victim at the time of the crime puts this reasonable doubt into question. Substantial evidence must be provided to back up these claims, which can include plane tickets, restaurant receipts or hotel bills, for example.

The issue of consent

The perpetrator might admit to the fact that the sexual activity occurred but might argue that the alleged victim gave their consent. By using this defence, it will be argued that the accused believed without reasonable doubt that permission was granted for the action to occur.

However, consent is hard to prove, especially where there’s no evidence. Sometimes, the accused will try to prove their innocence based on the alleged victim’s prior sexual history. However, this approach is not encouraged and will cast the defence in an unfavourable light.

This kind of defence usually won’t hold water if the alleged victim in question is a minor, incapacitated, or is mentally challenged.

Your first call should be to your trusted lawyer. We will handle your case professionally and with discretion, knowing what’s at stake.