Sexual Offences Defence

Discreet, strategic representation for rape, sexual assault and other sexual allegations where the evidential and reputational consequences can be immediate and severe.

Early advice matters

Sexual allegations often turn on detail: communications, chronology, digital material, witness accounts, medical evidence, context and the reliability of competing recollections. The defence case should be developed early rather than left until after charge.

We advise before and during police interview, on evidence preservation, disclosure requests, witness material and pre-charge representations where appropriate.

Rape and sexual assault allegations

We act in serious allegations including rape, attempted rape, sexual assault, historic allegations and cases involving current or former partners, acquaintances or professional relationships. These cases require careful analysis of consent, reasonable belief, surrounding communications and the evidential picture as a whole.

Digital evidence and disclosure

Phones, social media, messaging applications, photographs, location data and other digital material may be central. We consider what should be preserved, what should be requested and whether the prosecution case fairly reflects the available material.

Professional and reputational risk

For professionals, business owners and public-facing individuals, an allegation can affect employment, regulation, family life and reputation before any court has determined the facts. Our strategy takes those parallel risks into account.

From investigation to Crown Court

Where proceedings follow, we prepare the case with counsel and experts as required, identify evidential and legal issues early, and ensure the defence is ready for PTPH, disclosure stages, applications and trial.

Law & procedure

Consent, evidence and the legal test

Sexual offence allegations are principally governed by the Sexual Offences Act 2003. For rape and many other offences, the prosecution must address consent and, where relevant, whether any belief in consent was reasonable. Section 74 defines consent by reference to agreement by choice with the freedom and capacity to make that choice; sections 75 and 76 contain evidential and conclusive presumptions in specified circumstances.

R v Bree [2007] EWCA Crim 804 remains an important authority where alcohol and capacity to consent are in issue. The Court of Appeal made clear that capacity can disappear before unconsciousness, but intoxication does not automatically mean an adult lacked capacity: the question is fact-specific. Digital messages, chronology, witness evidence, medical material, CCTV and the interview account can therefore be central to the analysis.

Disclosure and unused material are governed by the Criminal Procedure and Investigations Act 1996 and the applicable criminal procedure rules. The defence should identify reasonable lines of enquiry and potentially undermining or assisting material early rather than waiting for trial.

Key sources: Sexual Offences Act 2003; Criminal Procedure and Investigations Act 1996; R v Bree [2007] EWCA Crim 804. Law and procedure depend on the allegation and facts of the individual case.

Frequently asked questions

Should I have a solicitor before a voluntary interview?
Yes. A voluntary interview is under caution and can be used as evidence. Legal advice should be obtained before answering questions or supplying a prepared statement.

Can a case be stopped before charge?
Sometimes. Where there is material capable of affecting the evidential or public-interest assessment, focused pre-charge representations can be made to the investigator or prosecutor. They do not guarantee an outcome.

Does intoxication automatically mean there was no consent?
No. The legal question is whether the complainant agreed by choice and had the freedom and capacity to make that choice. Capacity may be lost before unconsciousness; each case depends on the evidence.

Can the police examine phones and messages?
Digital material is frequently important. The relevance, scope and handling of device evidence should be scrutinised, including whether material assists the defence or undermines the prosecution case.

Will the defendant automatically be anonymous?
No. Complainants in qualifying sexual offence cases have statutory anonymity, but a person accused or charged does not generally receive equivalent automatic anonymity. Reporting restrictions can arise in particular circumstances.

Can bail conditions be challenged?
Potentially. Conditions should address identified risks and remain proportionate. Variation may be sought where a condition is unnecessary, unworkable or circumstances have materially changed.

Is Legal Aid available?
Police-station advice is generally free and independent of means. Court representation may be available under criminal legal aid subject to the applicable rules. Private representation is also available.

CONFIDENTIAL

Speak to us before the next interview or hearing.

The earlier the defence is involved, the more opportunity there is to protect evidence and shape the case.

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