Our People Cases
News Insights Contact
Home Our People Cases
News Insights Contact

“This is one of the UK’s top fraud and regulatory specialist law firms”

Legal 500

“They are an exceptionally talented firm of specialist practitioners, formidable in their own right”

Legal 500

“The level of expertise at ABV was beyond excellent”

Chambers UK

“They are efficient and always respond quickly”

Chambers UK

“ABV have established themselves as a top legal services provider in the white collar crime and serious fraud”

Legal 500

contact us
by email
Ways our sexual offence solicitor may defend you
06 Apr 2022

When you or a family member are accused of a sexual act, it can be a blow to your life. You may worry about your job, your family, your children and of course, how the community sees you.

But don’t panic! There are people can help you and at ABV Solicitors, we aim to be at the forefront of sexual offence defence.

At ABV Solicitors, we know all too well how devastating an accusation of sexual assault can be and our sexual offence solicitor will work hard to defend you and help reach a resolution that you and your family are happy with.

In this article, our sexual offence solicitor highlights some of the legal sexual assault defences which are used in court, helping you to understand this emotive area of the law in a bit more depth.

Did it happen?

This is by far one of the most common defences that our sexual offence solicitor uses; did the events as stated by the person who made the accusation actually happen?

In our experience, there are a lot of difficulties when it comes to proving sexual contact or sexual assault and the burden lies with the prosecution to prove that the events happened exactly as stated.

We will use objectively obtained evidence (if there is any) to prove that you are not guilty of the offence of which you are accused.


When it comes to sexual assault or rape cases, issues surrounding consent are often used by our team.

In many cases of false accusations, the accuser may state that they did not give consent for the activity to occur, simply because they regret the activity happened. So, once again, this can present a thorny legal issue concerning the burden of proof. But our team will work hard to ensure that if the consent was given at the start of the sexual act (or before via text messages or email), this is shown on your behalf.


Capacity relates to whether someone has the mental state required to give consent relating to sexual acts; for instance, if someone with the mental age of 11 gives consent to a sexual act but they are physically an adult, they cannot give consent.

However, if at the time of the assault, you as the defendant could not understand what you were doing (due to mental illness for instance), we will use this when defending your case.


You may have heard the old idea that being inebriated excuses unwanted sexual acts; it does not, and no court will throw a case out based on the accuser being drunk or intoxicated either.

If you are accused of sexual assault when the accuser was drunk, we may focus our defence on what occurred and consent.

Understandably, the area of sexual assault and rape is emotive and as such, you may feel distressed when you talk to our team and describe the occurrence of the alleged assault. Our team are trained professionals; we will not judge, we will remain objective and will focus on getting an outcome that is fair to you.

Arrested for sexual assault? Our sexual offence solicitor can help

Acquittal: Sexual Assault