Sexual Offences
If you have been arrested for or charged with a sexual offence, you will need a solicitor with experience in dealing with cases of this type.
Interviews at the Police station for sex offences can be difficult. Before undergoing an interview about a sexual offence you should obtain expert advice.
If you are arrested you should ask for a Solicitor at the earliest opportunity. We recommend that you say nothing to the Police until you have spoken directly with us. Our 24 hour number is 07850 012 366.
Advice at a Police Station is always free of charge and will be paid for by Legal Aid. This does not depend on your financial circumstances.
Types of sexual offence
There are a number of different sexual offences you can be charged with. Distinct sexual offences also exist involving children at the age levels of under 13, 16 and 18.
Common types of sexual offences include:
- Rape (including date rape)
- Abuse of children
- Child pornography
- Child prostitution
- Assault by penetration
- Sexual assault
- Causing sexual activity without consent
- Grooming
- Meeting a child following sexual grooming
- Abuse of position of trust offences
- Paedophile offences
- Familial child sex offences (including incest offences)
Rape
Rape is defined in the following way:
The elements of rape are:
(a) (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis;
(b) (B) does not consent to the penetration, and
(c) (A) does not reasonably believe that (B) consents
Penetration of the mouth is included as Rape. Rape is still a crime of basic intent, and therefore drunkenness is no defence.
Assault by penetration
The elements of assault by penetration are:
A person (A) intentionally penetrates the vagina or anus of another person (B) with a part of their body or anything else
(a) The penetration is sexual
(b) (B) does not consent to the penetration, and
(c) (A) does not reasonably believe that (B) consents.
Sexual assault
The elements of the offence of sexual assault are:
(a) A person (A) intentionally touches another person (B)
(b) The touching is sexual
(c) (B) does not consent to the touching, and
(d) (A) does not reasonably believe that (B) consents.
Sexual Offences and Consent
Most cases of alleged sexual assault or rape will hinge around the idea of consent, rather than whether the alleged event actually took place. It is likely to be up to the defendant’s solicitor to show that consent to the sexual activity did exist and that the person making the accusations was in a position to give consent.
If consent did not exist, it may still be possible to mount a defence on the basis that the accused had ‘reasonable belief’ that consent did exist.
Contact us for more information on any of the above offences.
