Mohammed Al Fayed Historic Rape Allegations: How Can Historic Offences Be Proved?
How Can Alleged Historic Offences Be Proven?
BBC documentary Al Fayed:
Predator at Harrods explores 20 allegations of rape, sexual assault
and violence
made against former Harrods owner Mohammed Al Fayed, who they say was never brought to justice. Allegations have been made by Harrods staff which date back to the late 1980's to late 2000's, and as part of the Me Too movement which not only has seen Al Fayed accused, but many other high profile celebrities whose conduct has been brought into disrepute in recent years.
Historic sexual offence allegations,
which date back decades, understandably and quite rightly raise the question as to how such cases can be proven? It can often cause confusion amongst society who wonder what evidence could possibly be in existence that would lead to a prosecution.
An increasing number of complaints made to the police are historic. Social media, the mainstream news and movements such as Me Too have encouraged complainant's to come forwards. Changes in policing and the approach to how a complainant of a sexual offence should be treated by investigators has ensured that complainants feel secure and believed when they come to police to report allegations of violence and sexual offences. The significant passage of time between incidents alleged to have taken place to the time of reporting does not
deter the Crown Prosecution Service (CPS) to prosecute the accused, and it would be a dangerous approach for any suspect to take, to believe that the case will not be prosecuted to due to the passage of time, and therefore not seek appropriate legal advice to defend their position.
The Law
There are three piece of legislation which govern sexual offences; the
Sexual Offences Act 2003,
Indecency with Children Act 1960
and the
Sexual Offences Act 1956.
Any offences alleged to have taken place before May 2004 would fall under the laws of either the 1956 act or the 1960 act. These laws are still very much in operation and the CPS do exercise their ability to make use of old laws to bring those accused to court.
Evidence in Historic Cases
It can be really difficult for people to understand how a historic offence can be prosecuted. When we think of sexual offences as a society we think, DNA, immediate reports to police, CCTV, and injuries. In fact, all of this evidence is rare in such cases and many offences of a sexual nature are prosecuted based on the account of the complainant which is a form of evidence. Anything in addition to their account which is used to prosecute a suspect is supporting evidence.
Supporting evidence can be in the form of witness statements this includes witnesses to the alleged offence and disclosure witnesses (people who the complainant has told about the allegation), or witnesses that can support a particular set of facts from the time. This works both ways, and there may be witnesses for the suspect who can provide evidence of circumstances at the alleged time which undermines the complainants account. As your lawyers it would be our job to establish this evidence and make the required steps to obtain that and present it to the police and CPS in the required format for criminal proceedings.
Evidence in such cases can also come from third party disclosures which can include, counselling records, therapist records and any medical records. In some cases the complainant may have disclosed the alleged abuse to such third parties weeks, months or even years prior to reporting it to the police. Any such evidence would be used by the CPS to bolster a case against the accused.
The issues with evidence that are of an obvious concern at all times is the reliability of evidence. The memories of those involved whether that be the complainant or witnesses is not going to be as strong as memories in cases where the alleged offence has taken place more recently.
Sentencing for Historic Offences
The basic position when an offender is sentenced is that it should be according to the law at the time the offence was committed, not the law at the time when they are sentenced. This has been reinforced by
Article 7 of the European Convention of Human Rights..
Sentence levels have generally been increasing over the past few decades and changes to the law relating to sex offences are a good example of this trend. This reveals much about how attitudes towards these offences have changed over time. For example, sentencing for the offence of indecent assault on an underage girl has undergone several changes to sentence levels over the years. Between 1957 and 1960 the maximum was two years’ imprisonment. It then changed in 1961 to a maximum of five years if the victim was under 13 years old, and in 1985 it increased again to 10 years. After that, the Sexual Offences Act of 2003 redefined sex offences and indecent assault was replaced by new offences such as sexual assault and assault by penetration. While the maximum sentence for sexual assault remained at 10 years, it increased to 14 years in cases where the victim was under 13, and assault by penetration was given a maximum sentence of life.
The law cannot be applied retrospectively and therefore, although current guidelines will be taken into account, a defendant convicted of a historic offence will not face a sentence higher than what they could have received at the time the offence was committed.
Will Historic Offences go to Court?
The short answer to this questions is yes, historic allegations are charged and do go to court, more so now than ever before. As lawyers who specialise in allegations of a sexual or violent nature we cannot underestimate the benefit of
pre charge representation, particularly in allegations which are relying on memories and the words of others as evidence.
How Can We Help?
Eventum Legal offers expert legal defence for individuals facing allegations of
historic sexual abuse.
Our team of experienced lawyers understand the unique challenges these cases present, including the difficulties in gathering evidence and the complexities of defending against accusations that may date back many years.
We take a proactive and thorough approach to your defence, meticulously examining every detail to build a strong case on your behalf. Whether scrutinising the allegations' credibility or challenging the evidence reliability, we are dedicated to protecting your rights and ensuring you receive fair treatment throughout the legal process.
With our knowledge of the law and commitment to our clients, Eventum Legal provides the robust defence you need in the face of historical sexual abuse charges. With an expert understanding of the criminal justice process, we have been defending allegations of historical sexual abuse for several years, meeting you at the police station as well as being at court with you.
Whatever the sexual offence you are being accused of our team can help, historic sex abuse being one of our main focuses.
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