Sexual Assault

Sexual assault is a serious criminal offence defined in Section 3 of the Sexual Offences Act 2003 which replaced the historic offence of Indecent Assault in England and Wales.

The offence occurs when a person intentionally touches another person, the touching is sexual, and the other person does not consent to the touching. The defendant must not reasonably believe that the complainant consents.

If you or someone you know has been accused of Sexual Assault, the consequences are severe, and the legal process is complex and highly sensitive. You need expert, decisive legal representation immediately.

DPP Law can come to your assistance if you have been accused of any form of Sexual Assault. Our experienced team will work closely with you to build your defence, thoroughly re-examine evidence and witness testimony, and strive to ensure that the law is correctly upheld on your behalf.

What is Sexual Assault?

The offence has three core components that the prosecution must prove:

• Touching: This can be with any part of the body or with anything else.
• Sexual: The touching must be sexual by its nature, the circumstances, or the purpose of the person doing the touching.
• Lack of Consent: The key element is that the complainant did not consent to the sexual touching, and the defendant did not reasonably believe they consented.

This offence may involve allegations such as:

• Kissing or touching a person’s body in a sexual manner without their consent.
• Sexual touching over clothing.
• Forcing or manipulating a person into non-penetrative sexual activity without consent.

What is the Maximum Sentence for Sexual Assault?

The maximum penalty for Sexual Assault is 10 years imprisonment.

The sentence will depend heavily on the circumstances, including the degree of non-consensual touching, the level of perceived violence or force, and the vulnerability of the alleged victim. Read more on the sentencing guidelines for sexual assault here.

What Are Common Defences to Sexual Assault Allegations?

Defending a Sexual Assault charge requires a robust legal strategy. Common lines of defence include:

• Consent (or Reasonable Belief in Consent): The most common defence. This argues that the touching was consensual, or that, based on the circumstances and any actions taken to confirm agreement, you had an honest and reasonable belief that the complainant consented.
• Alibi: Proving that you were not at the location where the alleged offence took place at the time it is said to have occurred.
• Fabrication/False Allegation: Arguing that the allegation is wholly or partially untrue, potentially due to malice, a misunderstanding, or a genuine mistake.
• Denial of Sexual Touching: Arguing that the touching did not happen, or that the touching that did occur was not sexual in nature (e.g., accidental contact in a crowded space).
• Mistaken Identity: Arguing that the complainant has incorrectly identified you as the perpetrator.

What Evidence Can Help My Defence?

Evidence is critical in all criminal defence cases, particularly sexual offence matters. The following can be pivotal:

• Digital Communications: Saved text messages, WhatsApp chats, emails, or social media posts that demonstrate a friendly, consensual, or romantic context leading up to the alleged incident, or show the complainant’s statements/actions are inconsistent with the allegation.
• CCTV or Audio/Video Recordings: Footage (e.g., from nearby premises, personal devices, or dashcams) that confirms your alibi, the complainant’s movements, or the nature of the interaction.
• Witness Testimony: Statements from friends, family, or independent witnesses who can corroborate your movements, your interactions with the complainant, or your character.
• Forensic and Medical Evidence: Expert analysis to challenge the prosecution’s forensic findings, or medical evidence (e.g., from a pre-existing condition) that contradicts the prosecution’s narrative.
• Financial/Travel Records: Documents (e.g., bank statements, receipts, travel logs) that support your alibi by proving your physical location at the relevant time.

Why Choose DPP Law?

When you choose DPP Law for legal assistance and representation, you will be assured:

• Guaranteed confidentiality at all times.
• A comprehensive check of forensics, medical records, digital evidence, and police procedures.
• Sensitive expert advice.
• Representation by a knowledgeable and experienced Sexual Offences Defence Solicitor who will endeavour to see you completely absolved of any allegations.

Get in touch with DPP Law’s team of legal experts today to discuss your case. Time is often critical in securing the best evidence and building an effective defence.