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14 Mar 2022

When you are arrested for sexual assault in the UK, you will probably have some urgent questions that you want answered.

Our team at ABV Solicitors includes a sexual offence solicitor on our staff who can answer such queries day and night, 365 days a year to ensure that you aren’t left in the dark.

Here, our team answers common questions that our sexual offence solicitor receives from our clients.

How long can I be held in custody?

Under UK law, you can be held in custody without being charged for up to 24 hours. This may be extended in cases relating to more serious crimes, like murder or rape from 24 hours to 36 or 96 hours in total.

When you are arrested, the first thing you need to do is contact our sexual offence solicitor at ABV, who will visit you at the police station, offer you advice and give representation during police interviews.

Will other people know about my arrest?

No, they will not, unless you tell them.

There is a media image that when someone is arrested relating to sexual assault, this information is released publicly. This is not the case. Every arrest in the UK is treated with confidentiality. The police are not legally allowed to inform anyone and can only make phone calls informing close family of your arrest. And this is only allowed if you give consent for them to do so.

You do not have to disclose the details of your arrest to your boss or anyone else under UK law unless you choose to.

What happens if I am charged?

If you are charged with sexual assault offences, your case will be referred to the Crown Prosecution Service (CPS). During this, the representatives at CPS will look over the details of your case and determine whether or not it is likely that you will be found guilty, should your case go to court.

When you hire our team, we will conduct a thorough review of your case and discuss what our determination is relating to whether or not you would be found guilty in court.

The prosecution or CPS may decide that, due to lack of evidence or inconsistent evidence, there is not a lot to go on and your case may be closed.

Will I need to go to court?

Not always.

As mentioned before, if you are charged and your case is referred to CPS, you will only need to attend court if it is deemed likely that you will be found guilty.

This is not a reason for panic. Our team at ABV Solicitors has won many cases for our clients relating to sexual assault or offences, even when referred to the Crown Prosecution and we will work hard to win your case as well.

Will I lose my job?

It is hard to say and will depend on the nature of your job.

For instance, if you work with children, having a sexual assault charge against you is more likely to impact negatively than if you are a sole trader who provides plumbing.

Either way, our team can offer legal advice and recourse if needed relating to these issues too.