An allegation of a historic sexual offence will often come entirely out of the blue. You may be contacted by the police about events said to have taken place many years or even several decades earlier and expected to recall where you were, who you were with and what happened during a period of your life you may not have thought about for years.
Non-recent sexual offence allegations present different challenges from a defence perspective. Memories fade, and it is common for an allegation to be expressed as a broad period spanning several months or even years rather than a specific date. This can make it difficult to establish where you were living or working, who you were seeing and whether you could have been present in the circumstances alleged. Potential witnesses may also be difficult to trace, while relevant records may no longer exist. Despite the passage of time, these allegations can still result in a prosecution.
The police will often propose a voluntary interview as part of their investigation because they do not consider it necessary to arrest you to seize devices, search premises or secure evidence. This does not mean that the allegation is considered weak or that the police are treating it less seriously.
Reeds Solicitors has a specialist team of sexual offence solicitors experienced in defending non-recent allegations at every stage of an investigation and prosecution. Our Crime team is ranked Tier 1 by The Legal 500 and Band 1 by Chambers UK. We are often instructed at an early pre-charge stage, when we can advise on gathering targeted defence evidence and submit representations to the police and Crown Prosecution Service highlighting evidential weaknesses before a charging decision is made.
Reconstructing Events From Many Years Ago
The prosecution must prove the allegation, and a suspect is innocent unless and until proven guilty. However, with so much at stake, we believe in taking a proactive approach to investigating and challenging the allegation at an early stage.
It is rarely sufficient to rely on memory alone when responding to an allegation concerning events many years ago. The first step is often to build a chronology of the relevant period, establishing where you lived, worked or studied and who you were in contact with.
People who knew you or the complainant at the time may also hold important information about relationships, living arrangements or the surrounding circumstances. This work should begin as early as possible because records may continue to be lost and witnesses can become more difficult to identify or trace as further time passes.
In some cases, there may be a possible explanation for why the complainant is mistaken or has made a false allegation. Gathering evidence to support that explanation can be crucial.
Depending on the allegation, employment records, address histories, photographs, old messages, bank statements and travel records may help reconstruct the relevant period. Significant events, such as moving home, changing jobs or taking a particular holiday, can provide useful reference points when building a chronology.
Examining the Allegation
Important questions may include why the allegation was not reported at the time, why it has been made now and how reliable the account is. A delay in reporting does not itself mean that an allegation is false. However, the circumstances in which the allegation emerged and any explanation given for its timing still require careful investigation.
It is often important to scrutinise when the allegation was first disclosed, what was said and whether the account has changed over time. The complainant may have discussed it with family members, friends, medical professionals, counsellors, schools, social services or the police before providing a formal witness statement.
Earlier accounts may be recorded in messages, medical notes or safeguarding records. These can help establish what was originally alleged and whether important details, dates or surrounding circumstances were introduced or changed later.
Meet Our Sexual Offence Team
Stuart Matthews
Founding Partner, Solicitor-Advocate & Head of Private Crime
Scott Primmer
Partner & Solicitor
Nicola Hutchinson
Partner & Solicitor-Advocate
Kate Macnab
Senior Associate & Solicitor
Damian Wall
Senior Associate Solicitor
Nathan Seymour-Hyde
Partner & Solicitor
Maria-Elena Cheshire
Associate Solicitor
Matthew Harbinson
Senior Associate Solicitor Advocate
Dana Bilan
Associate Barrister
Beth Mantel
Partner, Team Leader (North-West) Complex Crime & Solicitor
Ayelen White
Associate Barrister
Tom Brymer
Partner and Solicitor
Zoe Heron
Senior Associate & CILEx Advocate
Lucy Tapper
Partner, Barrister and Complex Crime Litigator
Frequently Asked Questions
The allegation will ordinarily be considered under the law in force when the alleged conduct took place. An allegation predating the Sexual Offences Act 2003 may therefore be investigated and prosecuted under earlier legislation, including the Sexual Offences Act 1956.
The available offence, what the prosecution must prove and the maximum sentence may differ from the current law. Establishing when the alleged conduct is said to have occurred is therefore important, particularly where the allegation covers a broad period during which the law changed.
There is no time limit for prosecuting a sexual offence in England and Wales. An investigation can therefore begin many years or even several decades after the alleged events.
The passage of time may affect the availability and reliability of the evidence, but delay alone does not prevent a prosecution. The effect of missing records, unavailable witnesses or an inability to reconstruct events must be considered in the circumstances of the individual case.
Yes. There is no requirement for a sexual allegation to be supported by independent evidence before a person can be convicted. A jury can convict on the complainant’s account alone if satisfied of guilt beyond reasonable doubt.
However, the absence of corroborating evidence may weaken the prosecution’s case, particularly where independent evidence might reasonably be expected. This is an important issue for the defence to identify and raise when challenging whether the prosecution has proved the allegation.
Delay alone will not normally prevent a prosecution. However, in exceptional cases, the court can stop proceedings as an abuse of process where the passage of time has made a fair trial impossible.
The defence must identify the specific prejudice caused by the delay, such as the loss of important records or the death of a witness whose evidence cannot be replaced. It is not enough simply to show that the allegation is old or that defending it has become more difficult. An application to stop the case requires careful consideration of whether the missing evidence has caused a fundamental unfairness that cannot be addressed during the trial.
Yes. Many sexual offences can result in imprisonment, including lengthy custodial sentences. The outcome will depend on the particular offence, its seriousness, the applicable sentencing guideline and your personal circumstances.
A custodial sentence does not always result in immediate imprisonment. Depending on the length of the sentence and the circumstances, the court may suspend it. A community order may also be available where the custody threshold has not been crossed. Specialist preparation and mitigation can make a significant difference to the outcome.
A conviction for rape will result in sex offender notification requirements, commonly referred to as being placed on the sex offenders register. A conviction for sexual assault can also result in notification requirements, although the precise position may depend on the applicable offence, the ages of those involved and the sentence imposed.
The length of the notification period will usually depend on the sentence. The requirements include providing the police with specified personal information and notifying them of certain changes in circumstances.
Yes. Following conviction for a relevant sexual offence, the prosecution may ask the court to make a Sexual Harm Prevention Order. The order is not automatic. The court must be satisfied that it is necessary to protect the public from sexual harm.
An order can impose restrictions or positive requirements concerning matters such as internet use, contact with children, foreign travel or the use of digital devices. Breaching a Sexual Harm Prevention Order is a separate criminal offence.
Get in touch
Information is processed in line with UK GDPR and our Privacy Policy