Sexual Assault Allegations to Increase During Festival Season

It is the time of year when music festivals are taking place across the country, thousands of people are gathering to socialise and enjoy the events. However, crime reports suggest that there is a huge increase in sexual allegations made at music festivals by people of all ages. This leads to arrests, police investigations and prosecutions.

Thames Valley police provided figures for Reading festival covering 2021 to 2023. Over a period of years saw 52 reports of sexual assaults, to which three have so far led to prosecutions.

It is believed that 4 out of more than 100 reported sexual offence allegations at the Reading and Leeds music festivals since 2018 have resulted in prosecutions, but there remains a large number of cases awaiting decisions from the Crown Prosecution Service (CPS), which means that there are suspects waiting to know whether or not they will be charged and who are likely to have been waiting years to know exactly where they stand.

At Eventum Legal, we understand the stress and anxiety that is caused to the accused whilst they are waiting for the investigation against them to conclude, but we urge those accused to take a pro-active approach during this stage of their case. It can be the difference between a no further action decision being made and a conviction.

What is Sexual Assault?

There are three main offences of sexual assault:

Sexual assault, contrary to section 3 of the Sexual Offences Act 2003. An offence under this section involves the sexual touching of another person without their consent, and without the reasonable belief that consent was given.

Sexual assault by penetration, contrary to section 2 of the Sexual Offences Act 2003. This involves the intentional penetration of the vagina or anus of another person with part of the accused’s body or anything else. This penetration must be sexual and must be done without consent, and without the reasonable belief of consent.

Rape, contrary to section 1 of the Sexual Offences Act 2003. The most serious sexual offence is committed where a person intentionally penetrates the vagina, anus or mouth of another person with his penis, and no consent is given to the penetration and there is no reasonable belief by the accused that consent has been given.

The Investigation

Sexual assault can happen in various ways, but the police will take all complaints made very seriously and when a complaint is made the investigation will commence usually starting with the complainant giving an account to the police. This initial account is usually written down by an officer, and then a more detailed video recording account will be taken. The complainant will be invited into the police station to provide a video recorded interview referred to as an ABE (Achieving Best Evidence).

In addition to providing an ABE interview the complainant may require a forensic medical examination, such an examination will aim to be done very quickly after the complaint if it is thought that potential evidence may be recovered, such as DNA evidence or evidence of injury.

The police will want to arrest the suspect as soon as possible for many reasons:

• To prevent further offending

• To prevent interference with witnesses

• To obtain DNA evidence

• To place bail conditions on the accused

• To obtain an account and question the accused about the allegations.

After the arrest the accused will be interviewed, they may have belongings seized for examinations such as clothing or their mobile phone. They may also be asked to provide an intimate sample, which is most likely to be swabs from the genital area that may go to establishing whether the complainants DNA is present. Of course, in a case where the accused admits to having sexual intercourse, and that the complainant consented, DNA swabs are unlikely to be helpful at all.

The police may also wish to speak to witnesses from the festival and/or obtain CCTV from the event. This can help to provide eye witness evidence to the lead up to the allegation, the allegations itself and after the allegations.

Gathering as much evidence as possible about the allegation is crucial, but there may become a point whereby other evidence is relevant and this is usually helpful for the defence. Evidence can be obtained that may have no relation to the actual event in question but may go to the credibility of any witnesses involved, including the complainant and the accused.

At Eventum Legal we work with our client to ensure that a fair investigation is undertaken for the accused and that police remain impartial, this may mean suggesting to the police lines of enquiry which they may not have even considered but we feel should be explored.

Why is there an increase in allegations at public events?

Each year thousands of people attend festivals throughout the country, alcohol and drugs are consumed amongst many which can affect the usual behaviour and thought processes of individuals. It can also lead to decisions being made which ordinarily would not be, which can lead to people regretting their actions. We often see people who have had consensual sexual intercourse behind their partners back, who later regret it and go on to make false allegations of sexual assault in order to save their relationships.

We must also appreciate that people are in enclosed spaces during a festival and bodies inevitably touch. We see many cases whereby accidental touching has led to an allegation of sexual assault, in such cases CCTV and eye witnesses can be crucial.

The reality of false sexual allegations is that no one will ever be able to say why they have been made, but working to undermine allegations and raise a strong defence must take priority to ensure the best outcome is achieved.

Why does it take so long for the police to investigate an allegation?

Police investigations of sexual offences take a considerable length of time to come to a conclusion with the accused often being left in limbo. There are many reasons which lead to a lengthy investigation, in cases involving forensic examinations this is often the cause.

Having the right support in place is crucial, the impact can be profound on the accused's mental/physical health, their family and friends, work and home life. Bail conditions may prevent the accused from having contact with certain people, or going to certain places these conditions can be in place throughout the investigation.

Aside from the devastating impact on the accused, a lengthy investigation could lead to evidence to support the accused being lost, if a proactive approach is not taken and this evidence is secured. If you are under investigation for a number of years, and you are subsequently charged your case could take another 1-2 years to reach trial. The potential then is that 3-4 years have passed since the alleged incident, and at this stage any defence witnesses may have little memory of what happened, text messages may have been deleted, phone logs no longer in existence and CCTV destroyed. This puts a defendant on the back foot immediately, however if you have a pro active legal team during the investigation stage, they can provide advice and guidance on the evidence your case is going to need and secure that evidence at the earliest opportunity.

What can I do whilst the police are investigating me?

Being pro-active during the police investigation is crucial, and an approach we strongly advise. Pre-charge engagement is something lots of people do not realise is something that can be done with the assistance of their solicitors. The purpose of pre-charge engagement is ultimately to persuade the Crown Prosecution Service not to authorise charges against the accused. The approach taken during pre charge engagement can vary and depends on the case, the individuals personal circumstances and the disclosure provided to the accused.

Representing an accused's case at this early stage is done by way of written pre-charge representations, which are prepared for the attention of the reviewing lawyer. Within these representations we can raise the following:

1. Character of the accused. If the accused has no previous convictions, then they are regarded as a person of good character. Supporting evidence can be provided to support this such as character statements from friends, family and colleagues.

2. Lines of Enquiry. We can raise reasonable lines of enquiry to be made by police which may assist the accused. Such as CCTV, mobile phone evidence and potential defence witnesses who can provide a statement. We may also take statements on your behalf of witnesses who support your account and submit them with our representations.

3. Concerns which go to the credibility of the complainant. If the complainant is known to the defendant there may be concerns we have over their credibility, for example; previous convictions, background and whether they have ever made similar allegations before.

4. Provide evidence in support of the accused.

How can we help?

Being accused of a sexual offence is incredibly difficult, having police officers attend your property or place of work to arrest you or speak to you voluntarily, comes as a shock making it difficult for the accused to navigate the process, make rationale decisions and understand what is going on.

At Eventum Legal we specialise in representing individuals accused of sexual offences, from the point of police involvement through to the conclusion of the case. We take a robust and no stone unturned approach, ensuring that pre charge engagement takes place to work towards our client's case not being taken to the court.

Where a client comes to us already facing court proceedings, we act swiftly to obtain the evidence, and to consider the case and begin work to achieve the best outcome for you.

If you have been accused of a sexual offence, contact us today for a free initial consultation.

< Older Post

Newer Post >