Sexual Assault Defence: Navigating a False Allegation

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 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. 

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. 

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. 

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. 

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.