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Defences against sexual assault charges explained by our sexual offence solicitor
14 Dec 2022

Being accused of committing a sexual offence is devastating, irrespective of your age or economic income.

Even if you are found to be innocent of the allegations, they can still have lifelong impacts on your work and your social circle, especially if you work in a role involving the police, childcare or healthcare services.

What should you do if you discover yourself on the receiving end of these allegations?

You contact our team at ABV Solicitors. Our sexual offence solicitor has extensive knowledge of defending those who have been accused of sexual offences and will be able to offer you discreet and non-judgmental advice catered to your unique case.

What are some of the most common defences that our sexual offence solicitor uses?


Consent is at the heart of any sexual assault case, and, on our end and the prosecution’s end, it is very hard to prove.

When you seek advice from our sexual offence solicitor, we will aim to explore the evidence surrounding consent relating to the actions that you are accused of. If you have photos, emails, text messages or instant messages, be sure to save these and bring them along to your initial meeting. Be aware that if the allegations against you are with someone that is under the age of 16 years old or is deemed as a vulnerable adult, we will not be able to use the consent approach to defend you.


It’s highly unlikely that a sexual assault was witnessed, but if it was, then our team will aim to interview the witnesses, whether they are on the side of the defence or the prosecution.

We will aim to get a clear idea of what actually occurred relating to the offence and come to a legal conclusion based on eyewitness accounts and other information that we gather.

Forensic evidence

Forensic evidence relating to sexual assault revolves around medical examinations, evidence of a struggle, evidence of damage to the alleged victims’ genitalia, and hair or semen that has been found.

If there is no forensic evidence, then our team will aim to focus our defence on this. However, this can become complicated if there is substantial forensic evidence that can be traced back to you via DNA, wherein we will look at consent, if applicable.

Diminished responsibility

Being high on narcotics or drunk no longer counts as having diminished responsibility. But if you were suffering from a mental illness when the alleged assault occurred or had a medical condition that could alter your behaviour, then we will need to know about this and will aim our defence around this.

As you can see, there is no single way of defending a case relating to sexual assault, so our team will need to know everything about your case, irrespective of how allegedly insignificant the details may be. Remember, being accused of sexual assault or rape can be devastating to you and your family’s livelihood and reputation, and we want to offer you the best legal defence available. So, call us today for more advice.

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How our sexual offence solicitor can remove you from the Sex Offenders Register