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28 Jun 2023

If you have been accused of committing a sexual offence, you will need help to clear your name.

The legal defence used in cases of sexual offence in the UK is a complex area of law that can be difficult to navigate. As a result, many people turn to search engines for answers to their questions which can lead to misunderstanding and confusion.

Our team at ABV Solicitors is always on hand to answer any questions that you may have about sexual offence allegations and our sexual offence solicitor will be more than happy to represent you in any matter relating to this serious area of law.

So, here, our sexual offence solicitor answers 5 commonly researched questions about sexual offence defence. So, read on to learn more.

What is the difference between rape and sexual assault?

Rape and sexual assault are two different offences with different legal definitions. According to our sexual offence solicitor, rape is defined as non-consensual penetration of the vagina, anus, or mouth by a penis. Sexual assault, on the other hand, is a broader term that covers any non-consensual sexual touching or activity. The legal defences for these offences can differ based on the specific circumstances of the case and, of course, they carry different sentences.

Our team at ABV Solicitors will always work to have any charges minimised, so if you have been accused of rape, in most cases, we will work to have the charge reduced to sexual assault.

Can consent be used as a defence for a sexual offence?

Consent can be used as a defence for some sexual offences, but it is not always a straightforward defence, as it becomes a case of the defendant’s word versus that of the accuser. In order for consent to be a valid defence, the accused must be able to prove that the complainant freely and willingly consented to the sexual activity. This can be difficult to prove, particularly if there is a disagreement about whether consent was given.

What is the legal definition of ‘reasonable belief in consent’?

In some cases, the accused may argue that they had a ‘reasonable belief’ that the complainant had consented to the sexual activity. In order for this defence to be successful, the accused must be able to show that they honestly believed that the complainant had consented and that their belief was reasonable based on the circumstances. This defence can be challenging to establish and will vary on the facts of the case.

What is the purpose of the jury in a sexual offence trial?

In a sexual offence trial, the jury is responsible for deciding whether the accused is guilty or not guilty of the offence. The jury will hear evidence from both the prosecution and the defence and will be instructed on the relevant law by the judge. The jury will need to deliberate in private and reach a verdict based on the evidence presented in each individual case.

Can a sexual offence conviction be appealed?

Yes, a sexual offence conviction can be appealed if there are grounds for an appeal. Common grounds for appeal include errors in law, errors in fact, and new evidence that was not available at the time of the trial. However, the appeals process can be lengthy and complex, and it is important to talk to our team if you are considering an appeal. In most cases, we will support the appeal process for sexual assault and rape convictions, but if there is extensive evidence we will usually advise against it.