Being accused of committing sexual assault can be an incredibly upsetting time whether you are guilty or innocent; having to be questioned by police in relation to a complaint being made against you can upend your entire life.
Understanding what happens when you are accused of sexual assault and what to expect once the process starts can help you to acclimatise quicker, allowing you to be more prepared for what is about to happen.
The reality in the UK is that many sexual assault charges don’t result in charges being made or making it to court simply due to there not being enough qualifying evidence. However, this does not mean you need to forgo legal representation if you do find yourself being accused of this serious offence.
So, what can you expect if you find yourself facing this situation?
As a standard, you can expect the police to present you with the allegations and details provided to them by the victim. The police will have already conducted thorough interviews to gain the required evidence from the person or persons accusing you of sexual assault, and this will be presented to you to get your version of what happened and to establish the truth relating to the incident or incidents..
Legal counsel is a crucial ally for those accused of sexual assault. It ensures you have the best chance of defending yourself, regardless of your guilt or innocence.
The topic of sexual assault, regardless of the assault in question, is highly motivating for everyone involved and for the wider public, too. You can expect to face some severe backlash from the public once people know you have been questioned or arrested for sexual assault offences, especially if the media is involved and it becomes local or national news.
Unlike victims who are afforded feeling anonymity, the accused don’t have that protection, and while there are some rights and privacy laws, you can utilise them to help protect yourself and your loved ones at this time, there is nothing you can do to stop people from finding out your name or any other details about you such as you address, your place of work, and other information. However, the police will not give your name or details to the press when you are being questioned or charged; they will only give them when you are convicted.
It’s essential for the accused to understand the seriousness of the situation and conduct themselves appropriately. This can significantly impact the outcome of the case, regardless of guilt.
The police will investigate the case by gathering evidence and detailed statements, as well as having the victim undergo a forensic medical examination if applicable. This isn’t always possible in the event of historical sexual assault claims.
Your solicitor can explain what the results and evidence are showing and how it relates to your involvement. From here, you need to make sure you fully comprehend what you are being told and any legal jargon being used so you can understand what is happening, what you are being accused of, and what the implications are should charges be applied to your case.
In terms of evidence, the police will be looking for as much as possible, which can be collected in multiple ways, including;
When facing sexual assault charges, you may be asked to surrender your mobile and other electronic devices for investigation. The police will retain these devices until the investigation is complete, even if you are found not guilty. Your solicitor can guide you on the process and ensure a faster return of your belongings.
If applicable, they will need to corroborate the victim’s evidence with that on your devices, and they will retain any devices seized until the investigation is completed. Even if you are found not guilty of what you are being accused of, the police may still hold onto your belongings, but your solicitor can discuss this with you to ensure a faster return.
When accused of sexual assault, it’s important to understand that the resolution isn’t immediate. The process can be lengthy, spanning months or even years. This understanding can help you prepare for the long road ahead.
During investigations, you might find that you need to give DNA samples to police to prove your innocence or rule you out of investigations. You might also be required to undergo examinations to uncover the presence of any injuries that could have been sustained during the assault on the victim or have toxicology tests taken to support the case further or exonerate you.
You need to expect this will be hanging over you for prolonged periods and that you might require multiple appointments with your solicitor or interviews with police to assist with the ongoing investigations. You should know that you cannot contact the victim once the allegations have been made. You will be advised of this to ensure that no further communication is made that can jeopardise your case or cause additional trauma to the victim.
During the investigation stage of engagement, you can expect letters of representation to be submitted to the officer to complain against the weakness of the complaint against you, and this is done early on to be as proactive as possible to demonstrate the evidence isn’t strong, and there isn’t a case to be prosecuted. If the case is eventually taken further and it is deemed there is sufficient evidence to prosecute, this can further support your case moving forward.
If you are charged with sexual assault, then you can expect both have to make regular check-ins with your solicitor so you can discuss the case and strategies moving forward. This is applicable whether or not you are granted bail. Your solicitor will be preparing for your case, and this can involve requiring DNA samples to be taken or checked, the instruction of digital forensic experts, psychiatrists, psychologists, forensic experts, private investigators, CCTV analysts or enhancers and more to help support your case and give you the best defence possible and to build a robust case on your behalf.
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