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Being involved in a police investigation into a sexual offence such as rape, sexual assault or sexual abuse is a highly stressful experience which can cause great damage to an individual’s reputation, carer and family life, irrespective of the outcome.
Not only are the allegations themselves disturbing, but sexual offences carry an emotional potency which means that just being connected to such crimes can be a life-changing event.
Hickman & Rose’s expert sexual offences solicitors understand the unique challenges posed by these allegations and are leaders in providing bespoke legal advice to individuals involved in every kind of sexual allegation.
Ranked as leading ‘Band One / Tier One’ practice by both the Chambers and Legal 500 legal directories, our criminal defence team has an excellent track record at limiting unnecessary collateral damage in sexual offence matters and has a proven track record of success advising suspects, complainants and witnesses.
Most sexual offences are contained within the Sexual Offences Act 2003. Offences under the Act include rape, assault by penetration, sexual assault, sexual crimes against children such as child sexual abuse and grooming and crimes that exploit others for a sexual purpose, such as voyeurism.
While the Sexual Offences Act 2003 applies to all offences committed on or after 1st May 2004, offences alleged to have taken place before this date are dealt with under the old law. This older law is complex as many of the definition and legal presumptions behind it have changed over time. Establishing precisely when an offence allegedly took place can prove crucial in determining if and how an investigation or prosecution proceeds.
Anyone caught up in an allegation of a sexual offence is advised to seek specialist legal advice as soon as possible. By being involved at the earliest possible stage, we have frequently been able to bring what would otherwise be a traumatic and damaging investigation to a swift and satisfactory conclusion. In cases where our sexual offences solicitors have acted for suspects, this has frequently involved providing the police with the evidence and legal argument which show no further investigation of the matter is necessary.
The circumstances in which sexual offences occur mean they can be particularly hard to prove. Complainants and accused individuals are often known to one another and may have had a consensual relationship before a disputed incident. The involvement of alcohol and drugs can mean that memories are unreliable.
Effectively representing the legal interests of anyone caught up in a sexual offence allegation (whether as suspect, complainant or witness) often involves carefully teasing out the facts of the disputed matter from what can be a complex nexus of emotions, relationship difficulties and unreliable memories.
Doing this effectively often necessitates mastering large volumes of electronic data obtained from sources such as CCTV, mobile phones and digital media. Hickman & Rose’s sexual offences team work with a network of leading forensic experts to ensure all relevant material is captured and utilised where beneficial.
Some of the most complex sexual offence matters involve claims about an event alleged to have taken place many years ago. These cases are usually marked by an absence of forensic evidence (phone data and CCTV footage being unavailable) and can instead rely on personal recollections of events which happened decades ago.
Hickman & Rose are highly experienced at representing clients charged with – or under police investigation for – historic sexual offences. Some have dated back as far as 50 years. Many clients have public profiles which jeopardised by these claims. Our specialist lawyers have successfully concluded many such matters without the need to proceed to court, and without any attendant publicity.
The key to our success in these cases has often been unearthing previously unknown facts through the disclosure process. Contemporaneous material such as diaries, social services notes, medical and counselling records provide a fuller picture of the context in which an allegation is made and obtaining these can change the outcome of a case
Reputational matters are particular concern in sexual offence allegations. While the complainant of any sexual offence benefits from statutory anonymity, the same is not true for suspects. Such is the social stigma associated with these crimes, that the stain of an allegation can remain even if it is comprehensively disproved.
Having worked in this area for many years, Hickman & Rose’s criminal defence team have developed a suite of tools to protect clients for unmerited negative publicity. As well as ensuring the police and prosecuting authorities to maintain client privacy, our solicitors have arranged for high profile clients to be interviewed in discreet locations.
Head of Serious and General Crime Jenny Wiltshire has been outspoken in calling for a new law by which (subject to any public interest exemption) accused people can maintain their anonymity until they are charged with a crime. See here and here for details.
It has, in recent years, become increasingly common for children and young adults to be accused of sexual misconduct committed in school, university or another educational environment.
An allegation of this sort will usually lead to an internal investigation conducted by the educational institution in question. Depending on the nature of the allegation, it could also result in a police inquiry.
Just as being the victim of a sexual assault is a traumatic experience with life-changing implications; so too it can be for anyone unjustly accused, if that matter is not dealt with swiftly and appropriately.
Hickman & Rose has long experience representing young people caught up in sexual allegations. Peter Csemiczky’s blog on the basic principles to consider when these allegations are made in the school context can be found here.
Often overlooked by the criminal justice system, complaints of and witnesses to sexual offences can often benefit from specialist legal advice.
Hickman & Rose’s expert solicitors offers bespoke guidance on how these individuals can navigate a criminal investigation while avoiding unnecessary emotional and/or reputational damage.
Below are the answers to some common questions related to sexual offence allegations.
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.
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.
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.
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.
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.
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.
Hickman & Rose solicitors have been involved in the some of the most significant sexual offence matters of recent years. The team has a developed a formidable reputation for success in representing high profile individuals facing sensitive – and potentially reputationally ruinous – sexual allegations.
Many of the team’s defence cases have concluded without charges being brought. In cases where clients have been charged, Hickman & Rose’s team of experienced solicitors have meticulously prepared the case, instructed leading forensic and medical experts and fielded some of the country’s best advocates for the delicate task of representation.
As well as acting for individuals, our solicitors also represent companies, charities and other organisations dealing with allegations of a sexual nature. We support clients throughout the investigation process, advising on requests for information from the police and the courts and guiding clients through the criminal justice process.
Hickman & Rose also offer advice and guidance to complainants and witnesses in sexual matters. Our sexual offences solicitors are able to advise on matters such as reporting an allegation providing a statement to the police. We can also liaise with the police on a client’s behalf and provide advice and assistance in relation to those who are the victim of online sexual offences including sexual blackmail and so-called ‘revenge porn’.
Anyone who suspected of a sexual offence is advised to contact a specialist sexual offences lawyer immediately. Doing will enable the lawyer to take steps are taken to minimise reputational damage, work proactively to secure evidence and, where appropriate, make representations to the police and the CPS that charges should not be brought.
29 Nov 2023
As more and more allegations of sexual misconduct are made by and against UK university students, Peter Csemiczky sets out what anyone in this situation should know.
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