Sexual Assault Lawyers

Our expertise with sexual assault charges

We have many years of experience advising and representing clients accused of sexual assault, including the most serious offences. Our expert sexual assault defence solicitors can provide the clear legal advice and strong emotional support you need to give you the best possible defence while making this difficult process as easy as we can for you.

Having handled a number of high-profile sexual assault cases, we recognise the importance of handling these types of serious allegations in a sensitive and efficient way, helping to limit any damage to your reputation, livelihood and family.

Our sexual assault defence lawyers have strong expertise in the use of forensic evidence, such as DNA, for sexual assault cases, as well as digital evidence, including mobile phone and app data, which is now often crucial for your sexual assault defence.

We also have strong relationships with many of the country’s top sexual assault defence barristers. This means we can ensure you have the best possible advocate if your case goes to court.

What to do if you are accused of sexual assault

If you are arrested on suspicion of sexual assault, knowing what to do and your legal rights can be essential to your defence as it can help you to avoid saying or doing anything that might undermine your case.

When interviewed by police in connection with allegations of sexual assault, please remember:

1. You do not have to answer any questions asked by the police.
2. You should never answer any police questions without a solicitor present.
3. You have the right to free legal representation.
4. You can use the duty solicitor available or choose your own lawyer.

When you are arrested, the arresting officers must explain the specific offence you are accused of committing and they must caution you by using the words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Once you have been interviewed by the police on suspicion of sexual assault, one of several things will happen. You may be:

• Released with no further action
• Released under investigation
• Charged with sexual assault

If you are charged with sexual assault, a date will be set for a court appearance. You may be released on bail or kept in custody until your court appearance.

If you are released with no further action or under investigation, you can still potentially be rearrested or summonsed to attend court.

What is sexual assault?

Sexual assault is where a person touches another person in a sexual way or makes someone take part in sexual activity without their consent. This can include everything from unwanted kissing up to the most serious sexual assaults, such as rape.

Under the terms of the Sexual Offences Act 2003, sexual assault is where the perpetrator:

• Intentionally touches another person
• That touching is sexual in nature
• The person being touched does not consent to this
• The perpetrator could not have reasonably believed that the person being touched was consenting

The touching can be with any part of the perpetrator’s body or with anything else, such as an object.

Is sexual assault a serious offence?

Sexual assault is a serious criminal offence and can have significant legal consequences for the perpetrator if they are convicted. As covered in more detail below, a conviction could result in a prison sentence and a requirement to register as a sex offender.

What is the difference between rape and sexual assault?

Legally, rape is where the perpetrator intentionally penetrates the victim’s vagina, anus or mouth with a penis. If the victim’s vagina, anus or mouth is penetrated with something other than a penis, then this would be ‘assault by penetration’ rather than rape.

Sexual assault covers all types of sexual touching offences, so rape is a form of sexual assault.

What is the sentence for sexual assault?

Sexual assault is a ‘triable either way’ offence, meaning your case could be tried in Magistrates’ Court or Crown Court depending on the seriousness of the charges.

If your case is heard in Magistrates’ Court, the maximum sentence for sexual assault is 6 months’ imprisonment for a single offence or 12 months’ imprisonment for two or more offences.

If your case is heard in Crown Court, the maximum sentence for sexual assault is 10 years’ imprisonment.

If convicted of sexual assault, you will also be required to register as a sex offender, which is likely to affect your future employment and personal relationships.

What defence is there against sexual assault charges?

The Crown Prosecution Service (CPS) defines sexual assault as being where someone is “coerced or physically forced to engage against their will” to engage in a sexual act, or where someone “touches another person sexually without their consent”.

Your defence will therefore depend on the nature of the alleged offence and the circumstances involved.

If you are accused of forcing someone to engage in a sexual act against their will, it may be possible to show that no sexual activity took place, that the alleged victim consented to the activity or that you had reason to believe they consented.

If you are accused of touching another person sexually without their consent, it could be that you dispute any touching took place, that you believe the other party consented or that the touching was non-sexual in nature.

Our sexual assault defence solicitors have strong experience with all of the various defence strategies that can help you to avoid prosecution where possible or achieve the most favourable outcome available if prosecution cannot be avoided.

Contact our sexual assault lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about allegations of sexual assault, indecent assault or any other type of sexual offence, please do not hesitate to get in touch.

You can contact our dedicated sexual assault defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771(our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and our sexual assault lawyers will get back to you as soon as possible.

24/7 legal representation for sexual assault allegations

Please get in touch for a free initial consultation with one of our expert sexual assault defence solicitors, as well as immediate representation and advice on dealing with allegations of sexual assault, or any other type of sexual offence.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.