Allegations of a sexual offence? Getting a defence
03 March 2021
Sexual offence allegations are a very serious matter and it’s normal to feel distressed or panicked about what may lay ahead. Whatever stage you are at in forming your defence, you should contact an experienced sexual offence solicitor to guide and advise you and if necessary represent you in court. We have a wealth of experience in managing the requirements of sexual offence prevention orders, sexual risk orders and the other aspects of the Sex Offenders Register. We are also capable of mounting a successful defence for those accused of revenge porn, historic sexual abuse and the online posting of indecent images.
The role of our sexual offence solicitors is to provide the strongest defence possible, avoiding criminal prosecution whenever possible and representing you in any upcoming cases.
The definition of a sexual offence
Discrimination between more generic crime and sexual assault is very important as sexual offences come with legal ramifications, such as joining the Sexual Offenders Register and have different implications on job prospects and family life.
The Sexual Offences Act 2003 was a major update and consolidation of UK law pertaining to sexual crimes. It expressly defines rape, assault by penetration, sexual assault and causing sexual activity without consent and sets sentencing guidelines of these crimes.
The arrest and the start of your defence
If you are lucky, you may be invited into the local station to have a ‘little chat;’ this is a voluntary interview and by definition, you do not have to accept the invite, but the alternative would be an arrest and formal questioning. Do not be under any delusions; the voluntary interview is the start of your defence and should be seen as the start of your trial. Seek legal representation before attending and prepare your responses with our sexual offence solicitor who you should invite with you for this ‘little chat’.
Approaching this interview with the mindset that you don’t require legal assistance because you are innocent is unhelpful, attending with a sexual offence solicitor is highly advised. The adversarial nature of the Crown Prosecution Service only weighs cases on their likelihood to end in a conviction, not on how innocent the accused appears to be.
Gaining representation early avoids any early errors on your behalf which could have great consequences later in the outcome of the case.
Sexual offences and bail
We aim to ensure you receive bail in the run-up to your trial. The final discussion on bail will be made by the Crown Prosecution Service CPS and will not only consider your likelihood of failing to attend your court date and becoming a fugitive, but also the risk to those who you are in immediate contact with. If you live with children or work with them, if you live or work with your accuser and so on.
Everyone is innocent until found guilty, but this will do little to stop local newspapers wanting to get a statement from you or the local rumour mill going into overdrive. We will provide support in communicating with the press and any dissemination or liable cases that may ensue.