Types of sexual offence allegation
Our legal experts can advise if you are facing allegations on the full range of sexual offences, including:
The law relating to sexual offences can be complex and challenging and with increased numbers of sexual complaints being reported it is important to have a legal team that will handle the matter with exemplary care and tact. For more information on a confidential basis without obligation don’t hesitate to contact us on 01616 966 229.
Sexual offence allegation FAQs
If there isn’t any evidence, can I still be charged with a sexual offence?
This is a question that we are often asked. What is really meant here is “if there isn’t any corroborating evidence, can I still be charged?” There are many different types of evidence that can be admitted by the prosecution during a trial such as forensic, telephone, CCTV etc. However, the reality is that in most cases where an individual is charged with a sexual offence the crucial prosecution evidence is the complainant’s account.
In relation to offences alleged to have happened behind closed doors, often years ago, there can be no corroborating forensic, eye-witness or CCTV evidence. This means that usually with these types of cases the jury have to make a decision based on who they believe when the complainant and defendant give evidence without any other supporting evidence.
What is section 3 Sexual Offences Act?
This piece of legislation outlines that a person may be convicted of a sexual assault if;
- They intentionally touch another person (B)
- The touching is sexual
- B did not consent to the touching and
- A did not reasonably believe that B consented
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A took to ascertain whether B consented.
If convicted of this offence the maximum sentence is 10 years imprisonment.
What should I do if I am wrongly accused of a sexual offence?
If somebody accuses you of a sexual offence the first thing you should do is contact a criminal defence solicitor who is experienced in these types of claims. This particularly true if you have been wrongly accused of the crime.
Under no circumstances should you communicate with the person who is accusing you of the offence and you should make sure that any evidence of contact you have had with them in the past, for example text messages, call logs and emails, are saved and documented.
What should I do if the police contact me regrading a sexual offence?
Due to the serious nature of sexual offences the police are obliged to investigate all accusations. If you are arrested by the police you have the right to a legal representative and you should not speak to the police without obtaining legal advice first.
In some circumstances the police may ask you to voluntarily attend an interview to discuss the allegations. Again, you should always seek legal advice from a criminal defence lawyer before attending an interview.
Your legal representative will be able to liaise with the police on your behalf and will make sure that the process is carried out as it should be.
What should I do if I’ve been contacted by an Operation Green Jacket Officer?
If you are contacted by an Operation Green Jacket Officer, it is essential you seek immediate legal advice and representation. We do not work for the police and we can independently help you with your case.
As the operation is aimed at reinvestigating historic events, having legal representation from the outset that is specifically tailored to your case may be the difference between successfully defending your case, and imprisonment.
Will I be released on police bail or released under investigation? What is the difference?
If the police release you on bail you will be released while they continue with their investigations into your case and you will have certain conditions imposed on you. For example, you may be required to live in a certain place or instructed not to do certain things during this time. If you breach the conditions of your bail you may be arrested. If you wish to challenge the conditions of bail your solicitor may be able to help you to do this.
If you are released under investigation you will be released while the police continue to conduct investigations but you will not be subject to any conditions.
What will happen if I am charged with a sexual offence?
If you are charged with the alleged offence you will need to appear in court. The seriousness of the accusation will determine which court deals with the case. If you enter a not guilty plea at the Magistrates' Court your case will last longer, usually a number of months. If your case is taken to the Crown Court the case will be heard by a jury and sometimes these cases take more than a year to go to trial. In the most serious cases, for example rape, the case will always be heard at the Crown Court.
I’m aware of an allegation made about me on a website, such as YouTube, TikTok, Facebook, Instagram and Twitter. What should I do?
It is essential that you seek legal advice if you are contacted by the complainant or a friend advising you that an allegation is being made against you. We offer a one hour conference with one of our specialist solicitors for a fixed fee. The conference is confidential and you will be advised of the law, if there is anything you should do regarding the allegation and any questions that you have will be answered.
If I haven’t done anything wrong, do I still need a solicitor?
You should always contact a solicitor if you have been wrongly accused of a crime. Sexual offence cases are often complex, particularly when it comes to proving consent, and having a solicitor can help you to navigate the process. If you do not have a solicitor representing you the police are not obliged to provide you with advance notice about what it is they want to question you about, and so not having legal advice could put you at a serious disadvantage and leave you unprepared for the questions you will be asked.
How can I prove that I haven’t done anything wrong?
The nature of sexual offences means that the alleged act usually took place in private and with no witnesses. These cases are difficult to prove or disprove and it is often a case of one person’s word against another and so it is important that you gather and preserve as much as you can that may be able to be used as evidence. The complexity of being able to prove that you didn’t do anything wrong makes having legal assistance all the more important.
How long will the process take?
We understand how difficult it can be to get on with your normal life if you have wrongly been accused of a sexual offence but unfortunately there is no set time frame regarding how long these cases take. Sexual offence investigations tend to take longer than many other criminal matters and can take even longer if the allegations are historical. How long it takes will depend on a number of factors including the nature of the offence of which you have been accused, whether or not you are charged and how the police choose to deal with the accusation.
Will the media be allowed to publish my name?
We understand that there is a stigma attached to allegations of sexual misconduct and that you will want to protect your privacy and reputation at this challenging time and we will work to protect your right to privacy and anonymity.
If you are prosecuted there is unfortunately little that can be done to protect your identity, unless it leads to the identification of the alleged victim or a child.
What if my accuser says the offence took place a long time ago? Is there a time limit?
In England and Wales there is no statute of limitations that applies to more serious criminal allegations. A six month time limit applies to more minor “summary only” offences that can only be heard in a Magistrates' Court. However, there is generally no time limit that applies to more serious allegations that are capable of being heard in the Crown Court. Most offences of a sexual nature are capable of being in heard in a Crown Court and, therefore, no time limit applies either to the making of the allegation or the commencement of legal proceedings, providing any delay does not amount to an abuse of process. This is why we often hear about allegations of sexual offences being made many, many years after the event.
What is 'Cyber Flashing'?
The Online Safety Act came into force on 31 January 2024. ‘Cyber Flashing’ is now illegal and aimed at those who share unwanted sexual images or videos - non consensual intimate images (NCII).
This can involve sending an unsolicited sexual or nude image to an individual via message, social media or dating applications, but can also take place through data sharing services.
Those individuals who face prosecution under the new law, can face up to 2 years imprisonment and could find themselves on the Sexual Offenders Register.
The offence is aimed at ‘unwanted’ sexual images so will not affect consenting parties who share intimate images between themselves.
