Any accusation of a sexual nature is treated extremely seriously by the police, and suspects can sometimes feel as if the principle of innocent until proven guilty does not apply in practice, particularly in the early stages of an investigation.
Reforms brought in under Operation Soteria have significantly changed the way rape and serious sexual offences are investigated across England and Wales. A “victim-centred” culture is promoted, with reduced early scrutiny of the complainant’s credibility.
For someone who strongly denies an allegation, that shift is concerning. The credibility of the complainant’s account, including the timing of the allegation and any possible motive, are fundamental defence considerations. These are also reasonable lines of enquiry which may not be prioritised at the outset of an investigation.
This is why it is so important to consider a proactive defence with a specialist sexual offence solicitor at an early stage, as part of pre-charge engagement.
This article explains what typically happens after arrest or interview in a sexual offence investigation, including bail, timelines and the steps that can be taken in your defence.
After the Police Station – What Happens Next?
Many investigations begin with only an initial account from a complainant. After a suspect is released, the police will often need to undertake significant further work, including reviewing digital evidence on seized devices and carrying out forensic analysis.
In rape and sexual assault allegations, a VRI – a video recorded interview with the complainant – is usually conducted to obtain a more detailed account. At this stage, further witness statements may also be taken, particularly from individuals to whom the allegation was first disclosed.
Police Bail and Extensions
The police routinely impose bail conditions in sexual allegation cases, prohibiting contact with the complainant and any witnesses, and in some cases anyone under the age of 18 if that is relevant to the allegation.
In practice, bail is often set in periods of around three months. The initial period can be authorised by a sergeant, with further extensions granted by senior police officers. After 9 months, any further extension must be authorised by the Magistrates’ Court.
At each stage, the defence can make representations if grounds exist to challenge the need for bail.
Bail conditions can also be challenged if they are disproportionate or unnecessary, for example where they impact work, such as travel restrictions.
Release Under Investigation (RUI)
Where a suspect is released under investigation rather than on bail, there are no formal conditions. However, the investigation continues in the same way. The absence of bail conditions does not indicate that a case is nearing conclusion or is evidentially weaker.
How Long Do Sexual Offence Investigations Take?
There is no fixed timeframe for a sexual offence investigation. Much will depend on the type of allegation, the volume of digital evidence and the approach taken by the officer in charge.
Investigations into serious sexual offences often take many months, and officers may be reluctant to discontinue cases, even where there are weaknesses, due to the need to be seen to treat allegations seriously. Complainants are allowed to pause the progress of a complaint and later re-engage, which can deter early decisions.
For suspects, it is the uncertainty that causes much of the anxiety. As bail dates approach, there may be no indication whether a further interview is likely or whether bail will be extended again.
What Can Be Done to Defend a Sexual Offence Allegation?
We specialise in defending sexual offence allegations and understand the importance of keeping our clients updated at every stage. We maintain contact with the investigating officer, ensuring that we understand what is likely to happen in advance of any bail return date. This helps to reduce the anxiety of attending without knowing what to expect.
We fully review your position at an early stage, including the approach taken during the police station interview. Where no comment was given, or only a partial account provided, there may be important information that needs to be considered and put forward to support your position.
We also consider how to defend the allegations proactively by identifying all potential sources of defence evidence and examining the weaknesses in the prosecution case. In some cases, well argued written representations to the investigating officer can be the deciding factor in preventing charges.
For immediate assistance, contact our sexual offence solicitors by calling 0333 240 7373, emailing [email protected] or submitting an enquiry through our contact form.