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. 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.
This is why, in many cases, it is a mistake to passively wait for the investigation to finish. Given that so much is at stake, it is important to consider a proactive defence strategy at an early stage, as part of pre-charge engagement. This can include preserving evidence, identifying potential witnesses and avoiding common mistakes which may damage your position later.
This article explains what typically happens after arrest or interview in a sexual offence investigation, including bail, investigation timelines, common mistakes to avoid and the practical steps that can be taken to protect your position.
Common Mistakes During a Sexual Offence Investigation
One of the most common mistakes suspects make is attempting to contact the complainant to “clear things up”. This includes indirect contact through friends, family members or social media.
Other common mistakes include:
- Assuming that, because you are innocent, the police will quickly realise that and discontinue the investigation.
- Trying to explain matters informally to the police without obtaining specialist legal advice.
- Deleting messages, photographs or social media content which may later become important defence evidence.
- Assuming that release under investigation means the case is weak or likely to end quickly.
- Discussing the allegation on social media, online forums or in group chats, where comments can later become evidence.
- Being unprepared for a re-interview – that can take place on the bail to return date.
- Not realising that bail conditions and bail extensions can be challenged.
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 in Sexual Offence Investigations
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?
A proactive defence strategy often begins long before any charging decision is made. In many cases, maintaining contact with the investigating officer can help clarify what is likely to happen in advance of any bail return date. This can help to reduce the anxiety of attending the police station without knowing what to expect.
It is also important to 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.
Defending the allegations proactively also often involves identifying potential sources of defence evidence and examining 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 confidential assistance, contact our specialist sexual offence solicitors by calling 0333 240 7373, emailing [email protected] or submitting an enquiry through our contact form.
