Below are the most common questions our criminal defence solicitors are asked when it comes to sexual offence defence cases. If you have a question we haven’t answered below, please get in touch with our team.
What should I do if I am accused of a sexual offence?
If you are accused of a sexual offence, seek legal representation immediately. Do not contact the complainant, discuss the case with anyone, or post about it on social media. Preserve all communication records, including texts, emails, and call logs, as they may support your defence. A specialist solicitor will guide you through police questioning and build a strong legal strategy.
Do I have to answer police questions in a sexual offence case?
No, you have the right to remain silent under PACE 1984. However, refusing to answer questions could sometimes be used against you in court. A solicitor will advise on when to speak and how to avoid self-incrimination. Always request legal representation before answering police questions.
Can I be arrested without evidence?
Yes, the police can arrest you if they have reasonable suspicion of a crime. However, for a case to proceed, the Crown Prosecution Service (CPS) must believe there is enough evidence for a conviction. Without strong evidence, charges may be dropped or dismissed in court.
What happens if I am charged with a sexual offence?
If charged, you will either be released on bail with conditions or remanded in custody. Your case will be heard at Middlesbrough Magistrates’ Court before moving to Teesside Crown Court if serious. A specialist solicitor will work to challenge evidence, negotiate bail, and build a strong defence.
Can a sexual offence case be dropped before trial?
Yes, cases can be dropped if the CPS decides there is insufficient evidence or if new evidence supports the defence. Your solicitor may submit legal arguments or representations to have the case discontinued before trial.
How can I prove my innocence in a false sexual allegation?
Gathering strong defence evidence is crucial. This may include CCTV footage, digital records (texts, emails, call logs), forensic reports, and witness statements. A solicitor will identify inconsistencies in the complainant’s testimony and challenge weak evidence.
What are the penalties for sexual offences in the UK?
Penalties depend on the offence. Rape carries a maximum life sentence, while sexual assault can result in up to 10 years in prison. Convictions often lead to registration on the Sex Offenders Register, employment restrictions, and travel bans.
Do I need a solicitor if I am innocent?
Yes. Even if you are innocent, a sexual offence allegation can lead to arrest, court proceedings, and serious consequences. A solicitor will protect your rights, challenge false accusations, and ensure you do not say anything that could be misinterpreted.