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21 Oct 2020

As one of the most taboo offences that can be committed in the UK, it may be considered unusual to come across a list of defences for people who have been accused of sexual assault.

However, if you have been accused of committing any kind of sexual assault and believe this to be a false allegation, it is important to know what defence your solicitor may put in place for you if your case goes to court.

While it can be tempting to avoid seeking legal advice in relation to a sexual assault, it is vital to seek legal representation as soon as possible. This will provide you with a chance of being given a lighter sentence than you would have without a legal representative and can save you a great deal of time and money.

If you find yourself on the receiving end of such an allegation, contact our sexual offence solicitor at ABV Solicitors for advice. From the moment you hire us, we will be able to offer you advice at the police station and will work to defend you if your case goes to court. Another advantage of hiring a member of our team is that we are thoroughly experienced in all areas of sexual assault defence, and will be able to defend you aggressively and ethically.

But what are some of the most common defences that our sexual assault solicitor may use to represent your case? Read on to find out.

Consent

A cornerstone of all sexual assault cases, consent is by far the most common defence that our sexual offence solicitor is likely to use. However, it is also one of the hardest defences to prove.

In short, if you are certain that the accuser consented to the activities, our team will argue that there was no offence committed. In cases where the accuser has mental incapacities or is unable to give consent, this is obviously not a suitable defence.

Accidental

More common in cases involving touching, it may be possible to claim that any sexual contact was by accident. This is more common in cases which take place on public transport or in crowded places.

Automatism

If you suffer from a condition like epilepsy, if you sleepwalk or if you have substantial mental health issues, our team could argue that any sexual assault committed was not done so voluntarily. In short, due to your condition, you were unable to behave voluntarily.

Mistake

Another defence which can be hard to prove, a mistake in relation to sexual assault occurs when the accused believed that the person they were engaging in a sexual act with was above the age of consent. In the UK, this age is 16 and this defence can hold up in certain circumstances.

Insanity

Once again, this defence will rely on a history of mental disturbances or a psychiatric evaluation exploring your ability to consciously control your actions. While this is a common defence, it can be very hard to defend successfully.