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Understanding consent: it could be their word against yours
04 Mar 2020

Sexual offence is a sensitive area of the law that is extremely complicated to navigate.

If you have been accused of a sexual crime, you must call on a sexual offence solicitor.

Taking on a case that involves rape and sexual assault, for example, gains public attention, which is why some law firms may be hesitant about representing you, or may not have the experience and training to handle charges of this nature.

Our legal firm, ABV Solicitors, have the expertise to guide, advise, support, and represent you throughout this ordeal.

Essential need-to-knows

Sexual offences can be challenging to defend where consent is concerned. To be cleared of these types of crimes, one has to prove that consent was given. Consent occurs when both or all parties agree to sexual activity.

More often than not, it becomes the accuser’s word against yours as to whether consent was given or not.

Please bear in mind that consent applies for adults only. Those who are accused of child abuse of a sexual nature, cannot claim this as a defence due to the fact that the other parties involved were minors and underage.

How can we help you?

The magnitude of this crime can have severe implications for you and your family. Therefore, it is our role as your sexual offence solicitor to counsel you and ensure that your legal rights are not being abused. You can call on us during the initial arrest, during the investigation, or for any court proceeding.

Can I reach out to my legal representative when I am arrested?

It is in your best interest to connect with your sex offence solicitor the moment you have been arrested.

Refusing to answer questions until your lawyer is present is not an admission of guilt, but a legal right. Practice your right to remain silent. You will want a legal professional at your side, offering advice on how to answer questions posed to you carefully, while helping you to better understand the allegations made against you.

Can the sexual offence solicitor represent me when I state my case in court?

As we have mentioned previously, we stand by our clients from arrest through to the trial. If we feel that we cannot provide you with the best possible defence, we may refer you to an advocate who can.

Typically, allegations as serious as this will be taken up at the Crown Court, where your case is presented in front of a jury and judge.

Will these allegations severely impact my life?

Sexual crimes are highly publicised, so it is highly likely that you may be negatively affected by the allegations in your personal and professional life.

However, we will defend your reputation as best we can by being strictly confidential and not divulging any information unless you request it.

Will I be incarcerated?

Due to the seriousness of the allegation, if found guilty, you could be facing incarceration ranging between five to ten years, or a life sentence depending on the crime that you allegedly committed.

What to expect if you have been accused of a crime of a sexual nature

Understanding the sexual offence you have been accused of