Sexual Assault Defence: Navigating a False Allegation
False sexual assault allegations of any kind are distressing and bring a mixture of high emotions to the accused, from anxiety and upset through to frustration and anger. It can be extremely confusing as to why false sexual allegations have been made against you, or maybe you are able to pinpoint the complainant's motive, either way with the right legal support, there is no need for you to lose hope. Our dedicated team provide unwavering legal support and advice to our clients, getting you through police investigations and/or court proceedings with confidence that the truth will come out.
Sexual assault
can take many forms, from touching a person over clothing, touching under clothing, through to sexual assault by penetration. All sexual assault allegations are serious, and why some may not lead to a prison sentence there are other consequences to be aware of such as; Sexual Harm Prevention Orders, Sexual Risk Orders, and the requirement to sign the Sex Offenders Register. Therefore, a conviction, or caution for any sexual offence can impact your ability to live your life as you normally would.
Sexual Assault Offences
- Sexual assault contrary to section 3 of the Sexual Offences Act 2003.
If you have been accused of sexual assault under section 3 then the police have to show the following:
1. that you have touched another person
2. the touching is sexual
3. the complainant has not consented to the touching, and
4. there is no reasonable belief by you that the complainant consented.
If a person is convicted of sexual assault the sentencing varies from a fine to a maximum term of imprisonment of 10 years. The sentencing guidelines for sexual assault give a wide range, factors such as culpability of the accused, harm caused, mitigating and aggravating features will all be considered.
- Sexual assault by penetration contrary to section 2 of the Sexual Offences Act 2003.
If you have been accused of penetrative sexual assault this is much more serious and a case of this nature can only be dealt with by the Crown Court. To prove the offence the police and Crown Prosecution Service would have to show:
1. that you have intentionally penetrated the vagina or anus of another person (the complainant) with a part of their body or anything else,
2. the penetration is sexual,
3. the complainant has not consented to the penetration,
4. and you did not reasonably believe that consent had been given.
The maximum sentence for an offence of assault by penetration is life imprisonment.
Each element of the above offences has to be proved for you to be found guilty. The jury hearing your case must be sure that the offence has been committed, working with a specialist legal team is crucial to giving yourself the best chance at disproving allegations of sexual assault.
How To Defend Yourself Against False Sexual Assault Allegations?
You should never take a false sexual allegation lightly or underestimate the possible consequences of the offence which you are accused.
False sexual assault allegations are not uncommon; we often find allegations are made for various reasons including; breakdown of relationships where one party feels aggrieved and seeks revenge, parental alienation where one parent seeks to exclude the other, revenge for the way in which someone has been treated in a relationship, where one person has cheated on their partner but claims they were sexually assaulted and jealousy. Regardless of the reasons for false sexual allegations, the most important thing to remember is that the assistance of an expert legal practitioner at every stage of the investigation can be the key to fully understanding the charges against you and safeguarding your legal position and reputation.
Our team take a pragmatic and pro-active approach to defending false sexual allegations, we tailor our defence strategy based on the circumstances of your case, your relationship with the complainant and background. We work with with you throughout the duration of the investigation or proceedings to successfully build a robust defence case, aiming to stop allegations in their tracks, avoiding the devastating consequences of a conviction.
Is Making a False Sexual Allegation a Crime?
Yes, making a false allegation is a crime - as is lying to the police. Should this occur, and the allegation is proven to be false allegations are taken very seriously.
Can I Press Charges Against Someone for Making a False Allegation?
When a person makes a false allegation there are two offences that should be considered; wasting police time, and the more serious offence of perverting the course of justice. Anybody found guilty of these offences could face a custodial sentence.
The Affects of False Sexual Assault Allegations?
Being accused of a sexual offence always causes a great deal of stress, the false allegation can lead to you losing your job, family and ultimately your good reputation. It is natural for you to want some restitution for this. The first step however, it to clear your name and carefully defend your position.
Our team have many years experience in criminal defence, with particular expertise in the niche area of sexual and domestic abuse. During our free initial consultation
we will put a plan in place with you as to how we can progress your case forwards proactively, achieving the best possible outcome.
If you or a family member has been accused of sexual assault of any form contact us today. Let us protect you and prove your innocence.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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