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25 Nov 2020

When you have been accused of committing a sexual offence, it can seem that your entire world has crashed down.

Even though you know you are innocent, there is undoubtedly a stigma that accompanies such an allegation. So, the moment you realise that you have been accused of committing a sexual assault, you need to contact a solicitor who has expertise in this area of defence.

While you may think that your reasoning for the accusation may sound unbelievable in the eyes of the legal system, it probably doesn’t. Many solicitors who have worked with people accused of sexual assault have heard everything from statements of innocents to confusion surrounding consent and, subsequently, they know how to defend each of these stances should the case go to court.

At ABV Solicitors, our sexual offence solicitor is no different. If you have been accused of sexual assault on the basis of a misunderstanding, out of revenge or uncertainty, our team will defend your case. We understand the complexities of the legal system surround sexual assault laws and will aim to prove to any secondary parties that you are innocent. What more could you ask for from a solicitor?

So, what are some of the most common sexual assault defences that our sexual offence solicitor has worked with? Read on to find out.

Innocence

The most common defence that our sexual offence solicitor uses is innocence.

Indeed, many clients who come to our team for advice state that they are innocent of the crime that they are accused of, and so it is up to us to prove that they were either in a different location when the alleged assault happened (known as an alibi), or that the accuser isn’t telling the truth.

Of course, this can be tricky for our team if you don’t have an alibi, but it isn’t impossible!

Consent issues

Consent is the main focus of any sexual assault accusation and so, if you believed that the accuser was consenting to the sexual act, then we will use this as your defence.

If you have any emails, text messages or photographic evidence highlighting that they consented prior to the alleged assault, we can use this in your defence.

Alcohol or drugs

If you were inebriated when you were accused of committing the alleged sexual assault, then our team will be able to put forwards a defence based around capacity and impaired judgement.

Depending on the type of sexual assault you have been accused of, this may not hold up to scrutiny by the prosecution but if you were under the influence of drugs or alcohol, then please tell our team.

Mental health and capacity

If you were suffering from a serious mental health issue at the time of the allegation, our team may be able to once again put forward a defence based on impaired judgement. We will need to see medical evidence to support this defence, such as a doctor’s note or medical records displaying mental-ill health.