Sexual Offences

The term ‘sexual offence’ covers a lot of different crimes from online offences such as possession and distribution of indecent images of children, online contact with children through to more serious offences such as rape. Sexual offences can occur between friends, family or strangers and they can be a recent event or something that happened years ago. Reports of sexual offences are taken very seriously by the police. If you or someone you know is accused of one of these offences, it is important to take the allegations seriously and get experienced legal advice as soon as possible, to help you through the process.

What happens if I am accused of a sexual offence?

If the police wish to speak to you about an alleged offence, be it voluntarily or under arrest, you should not speak to them without a legal representative present. Once the police investigation is concluded, which could be many months, if the police think there is enough evidence to support an allegation, they will pass details of the case to the Crown Prosecution Service who decide whether or not you should be charged with an offence. If you are charged the case will then be heard in court.

How is consent defined?

Consent is a key factor in deciding whether or not rape or sexual assault has been committed. Consent is defined as someone engaging in sexual activity, by choice, provided they had the freedom and capacity to make that choice. Someone under 16 cannot legally give consent. It is important to note that consent can be withdrawn at any time during sexual activity and consent for one activity is not general consent. The Crown Prosecution needs to prove that the victim did not consent to the act taking place.

What is the punishment for a sexual offence?

The punishment for a person convicted of a sexual offence varies depending on the circumstances of each individual case, there are sentencing guidelines for all sexual offences and our team will be able to explain the guidelines as they apply to each individual offence. There are a number of factors that can increase or decrease the seriousness of an offence and these will be explained clearly as necessary. Sentences for sexual offences range from financial penalties to terms of imprisonment.

We are one of the largest and most well-respected criminal law practices in East Kent with a team of experienced and accredited solicitors. We will explain your matter in clear and simple terms, provide you with advice and options, and ease your concerns wherever possible.

If you need assistance, email [email protected] or call us on 01303 246444 for expert criminal law advice.