Below are the answers to some common questions related to sexual offence allegations.
What should I do if I am accused of a sexual offence?
Anyone who has been (or thinks they will be) accused of a sexual offence is advised to contact a criminal defence solicitor as soon as possible. The first hours and days after a disputed incident can prove crucial in building a robust defence.
An expert sexual offences solicitor can safeguard their client’s position by ensuring all communication with the police is appropriate. Depending on the circumstances of the matter, the solicitor might also be able to help secure important time limited evidence which may otherwise be lost.
It is vital than an accused individual makes no attempt to contact the complainant of a sexual offence, whether in person, on the phone or via social media. This includes indirect contact via a third party. Previous communications with the complainant should be preserved as this may be important evidence.
Can I avoid being arrested for a sexual offence?
Not everyone accused of a sexual offence will be arrested. In some circumstances it is possible to persuade the police that a suspect can instead be interviewed as a volunteer. However, if the police offer a voluntary interview it is important to understand that this does not mean they are taking the allegation any less seriously.
No matter whether someone has been arrested, or whether they attend the police station as a volunteer, everyone is entitled to receive legal advice at the police station. Hickman & Rose has long experience of liaising with law enforcement to mitigate the reputational impacts of an arrest.
What is the difference between police bail and released under investigation?
There are two means by which the police are able to release someone they want to continue to treat as a suspect after arrest.
The first is police bail. Under this, the police are able to release someone for an initial period of 28 days. At the end of this, the police can apply to a senior police officer to extend bail to a three months (i.e an extra two months on top of the initial 28 day period). If the police want to keep someone on bail beyond three months then they need to apply to a court.
The police are able to impose conditions on someone they release on bail. These conditions can be severe and may include a curfew, having to report to a police station, surrendering a passport, living at a certain address, and not contacting named individuals.
A second option is for a suspect to be released under investigation (RUI). Anyone released under investigation will generally not need to adhere to stringent conditions. However the RUI scheme does not have the same strict time limits as with police bail. RUI has been criticised for causing suspects to put their lives on hold for months, even years, on end, while police investigate.
Hickman & Rose’s Head of Serious and General crime Jenny Wiltshire has written about – and campaigned on – the issue of RUI / police bail extensively. See here and here for more details.
Why am I being falsely accused of a sexual offence?
False allegations of inappropriate sexual contact can be made for a variety of reasons including monetary gain, jealousy, revenge and due to the effect of false memories. Anyone who has been falsely accused of a sexual offence (or fears they may be) should not assume that their innocence means they don’t need to take immediate action. Anyone in this situation is advised, in the first instance, to contact a specialist sexual offences solicitor who can ensure that all the appropriate first steps are taken.
How can I avoid publicity in a sexual offence matter?
Complainants in any sexual offence allegation are entitled to lifelong anonymity which prohibits reporting of their identity. The same is not true for accused individuals. Being named as a suspect in a sexual offence investigation can cause severe reputational damage, even if those allegations are disproved.
There has, in recent years, been an evolution of privacy law which should protect information about any uncharged criminal suspect from being made public. However, sometimes legal representation is necessary to ensure the police and prosecution service to their privacy obligations.
Head of Serious and General Crime Jenny Wiltshire as written about this issue extensively. See here for more details.
Can I clear my name after a sexual offence acquittal?
Being acquitted of an allegation of a sexual offence often marks the beginning of an innocent person’s journey to vindication. The ‘stain’ of a sexual allegation can sometimes linger even when it has no merit.
There are variety of legal means by which the innocent subject of a disproved sexual allegation might fully clear their name. However precisely which tactic is appropriate will depend heavily on the specifics of a case.
Hickman & Rose work closely with the country’s foremost media and reputation experts to provide a bespoke ‘wrap around’ service to high profile and sensitive clients. Our civil litigation experts can provide specialist advice in relation to removing unmerited and damaging police records from official databases.