Sexual Offences Solicitors

In dealing with sexual offences on a daily basis, they tend to follow a similar pattern. From an initial report to the police whereby the suspect would either be invited in for a voluntary/caution plus 3 interview or arrested. A police interview under caution will then take place.

Following on from this, the police or crown prosecution service will make a decision as to whether a charging decision can be made at the time.

If there are further enquiries outstanding, which is quite common at this early stage in the proceedings, consideration will have to be given as to whether the suspect can be released under investigation or be given pre-charge bail with conditions.

It is important at this point to seek to instruct a lawyer if either unrepresented or wishing to seek alternative representation. There may be positive, proactive steps that can be taken to avoid prosecution.

If given pre-charge bail with conditions, a 28-day bail period is usually applied in the first instance. An officer of the rank of Superintendent or above will then authorise a further extension of up to 3 months.

If any further extensions were to be made, they would have to be applied for and granted by a Magistrates Court. Unfortunately, there are no time limits in place to conclude a case of this nature.

We will look to identify any lines of enquiry that we feel are beneficial to your case and that will assist in any defence. The necessary representations can then be made to the police or crown prosecution service that such lines of enquiry are looked into prior to a charging decision.

Early engagement may be vital in your case, and you should seek specialist legal advice in relation to this. If you were to wait for a decision in your case without seeking a lawyer’s advice on taking any proactive steps, you could find yourself being prosecuted. With legal representation, this could be avoided.

Since September 1997, anyone cautioned or convicted for a sexual offence will be put on the sex offenders register.

Under the Sexual Offences Act 2003, all those on the sex offender’s register must register with the police within three days of their conviction or release from prison. If you are convicted, you will be required to go to your local police station and sign the register. If you do not register, you will be charged with another criminal offence.

This will depend on the offence you have committed and the sentence that you have received. If convicted and issued with a custodial sentence of 30 months or more, this will result in an indefinite period. Alternatively, if cautioned, there will be a two-year requirement.

The statutory definition of consent can be found in Section 74 Sexual Offences Act 2003.

This first step is to look at whether the complainant has the capacity to make a choice about whether or not to take part in the sexual activity.

The second step is to then look at whether or not they were in a position to make that choice freely and were not constrained in any way.

These are often questions we get asked. If the police/crown prosecution service decides to take ‘no further action’ in a case, this will usually mean that they feel that there is ‘insufficient’ evidence to proceed and, therefore, no realistic prospect of a successful prosecution.

In sensitive cases of this nature, it is unusual for the police to openly suggest that their complainant is making a false/malicious report and endorse this on file.

Even if the police felt this way towards the investigation, in the absence of any clear evidence to the contrary, the police are unlikely to pursue the complainant for any such offences.

A lawyer could assist you in making such allegations to the police about these crimes.