Sexual offence allegations can come as a shock and it can be hard to know how to react. Fortunately, ABV solicitors can help. Legal professionals can construct strong defences on your behalf, letting you fight your case and clear your name.
The number of sexual offence allegations has been rising in recent years. Therefore, more people are finding themselves in court facing charges.
This post explores how solicitors construct robust sexual offence allegation defences. It looks at why legal counsel is critical for challenging the prosecution’s case, and some strategies you can use to obtain a favourable result.
Solicitors follow a tried-and-tested framework to offer their clients the most robust defence in the eyes of the law. Their strategy involves collecting evidence and coordinating witnesses to achieve the fairest outcomes.
The first step is to determine whether the sexual assault occurred. Sometimes you face charges even when you weren’t present or didn’t commit any illegal acts.
Solicitors help determine whether the sexual assault occurred by questioning the parties involved. Lawyers look for evidence you were not at the scene when the alleged crime took place, or that the assault did not occur, even if you were present.
Under the law, the prosecution must establish beyond reasonable doubt that you committed a sexual assault. Therefore, multiple factors can come into play when determining fault, including your character and any objective evidence left at the scene.
For this reason, using lawyers is essential. Professional legal counsel can help you mount an effective defence, providing specialist support if necessary.
Courts define consent as occurring when a person “by choice” allows another person to perform a sexual act in their vicinity. However, the person must have the capacity to consent. Being under the influence of drugs could mean they can’t agree to what’s happening.
Consent can also vary by sexual activity. For example, a person might agree to one activity – sexual touching – but not another, like sexual intercourse. Courts will distinguish between these, so it is essential to provide details to your solicitor about what happened. It may change the nature of your defence if some alleged acts were not consensual.
Courts will also consider whether the other party could consent to the sexual act (if it occurred). That is, they will determine whether the complainant had “capacity.”
Under English law, it is the responsibility of the complainant’s legal team to establish whether they had “capacity” when the incident occurred. Proving they didn’t can increase the likelihood of a successful conviction against you.
For example, some prosecutions will claim the complainant had a mental disorder that impeded their capacity to consent to the sexual act. Lacking the capacity to choose could indicate sexual assault took place.
Criminal defence lawyers may make counterclaims to show the complainant did have the capacity to consent. For example, they might point to medical records, recordings, or other pieces of evidence (such as consenting to sexual acts with other people).
In rare cases, witnesses can help you build a defence against sexual assault. Solicitors interview people at the scene (or who heard it unfold), and who can make a statement in court.
Common sense says that legal counsel is essential for challenging the prosecution’s case against you. But why?
Firstly, solicitors are essential because they assist you in navigating complex legal proceedings and arguments. Professional legal counsel can help you avoid self-incrimination and ensure law enforcement officials respect your rights during proceedings.
Sexual assault law contains a lot of nuance and subtlety that isn’t always clear unless you have a thorough understanding of case history and precedence. Knowing what this says and how it is likely to apply in court is a skill only experienced legal professionals have.
Solicitors are also essential for building a strong defence. Experienced lawyers can construct a case based on the specifics of your situation to make your position stronger in light of existing facts.
For example, they might call expert witness statement to highlight how you couldn’t have been at the scene, or that the case presented by the prosecution is inconsistent with the physical evidence. Solicitors might also explore the motives of the accuser and why they might be taking you to court over alleged sexual assault offences.
Alibi verification is another strategy. Solicitors can build a case to demonstrate you were elsewhere when the alleged incident occurred.
At the same time as bolstering your case, solicitors can also challenge the evidence against you. Experienced legal professionals pick holes in the prosecution’s story, including medical records and witness accounts, to identify problems or inconsistencies. These cross-examinations can reveal whether the evidence is fabricated or doesn’t make sense in the context of the case’s facts.
Lastly, solicitors can provide support and guidance. Being accused of sexual assault is not a pleasant experience and can have ramifications on your life well beyond the courtroom (such as being suspended by your employer).
Legal counsel is a backstop that can help you throughout the process while prioritising your well-being. Solicitors ensure you have the best defence possible for fairness and justice.
In summary, solicitors work to ensure the trial results in a fair outcome. While being a defendant in a sexual assault case isn’t a pleasant experience, it is possible to mount a successful defence with the proper support.
Using a solicitor is essential from the moment the other party makes the allegation. Legal counsel can avoid convictions that might lead you to be placed on the Sexual Offenders register.