Historical sexual offences

Sometimes called ‘historical sexual offences’, non-recent sexual offences are those which involve claims about an event alleged to have taken place many years ago.

Like most crimes, historical sexual matters are generally governed by the law which pertained at the time of the alleged offence. Before the Sexual Offences Act 2003 came into force on 1 May 2004 the law was complicated due to numerous amendments to the Sexual Offences Act 1956 and other legislation.  Current evidential rules, such as the restriction on questions about a complainant’s sexual history and other safeguards aimed to protect the complainant also apply to historical matters.

Unlike most contemporaneous sexual allegations, historical sex matters are usually marked by an absence of forensic evidence such as DNA evidence, phone data, and CCTV footage. Investigations can therefore rely heavily on personal recollections of events which happened decades ago, and accounts given to others prior to a report to the police.

Historical or non-recent sexual offences cases have been much in the news in recent years as allegations have been made against numerous high-profile individuals. While some of these allegations have resulted in convictions, many have not.

A large number of these cases have been closed by the police after their investigation started; with no further action being taken; and without the matter ever entering the public domain.

In other cases, such as those of the DJ Paul Gambaccini and singer Cliff Richard, the accused individual suffered significant reputational damage even when they have been cleared of all wrongdoing.

Indeed, the reputational factor can be a particular concern in historical sexual offence matters. Not only are allegations often raised against high-profile individuals, but the relative absence of forensic evidence in these cases can result in investigations which last longer than those into contemporaneous allegations.

Although a suspect has a general expectation of privacy during a police investigation, spending a long time under suspicion can result in rumours spreading. In this situation, it may be beneficial for people facing historical or non-recent sexual allegations to take proactive steps to protect their reputations and limit any adverse impact on social media. 

How Our Expert Historical Sexual Offence Solicitors Can Help

Hickman & Rose lawyers are highly experienced at representing clients charged with – or under police investigation for – historical / non-recent sexual offences. Some cases have dated back as far as 50 years. Many clients have profiles which may be jeopardised by the mere fact of these claims being made public.

Ensuring their right to privacy in a criminal investigation is paramount. 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 pre-charge engagement and the disclosure process. Contemporaneous material such as diaries, social services notes, medical, and counselling records can provide a fuller picture of the context in which an allegation is made and obtaining these can change the outcome of a case.