Historic Sexual Abuse

What are the time limits for complaints in sexual allegations?

Unlike other areas of law, there is no time limit as to when sexual offences may be prosecuted in England and Wales. Delay in making a formal complaint of a sexual allegation, even many years after the alleged incident will not prevent the police investigating and the CPS considering whether or not to prosecute.

The CPS may choose to prosecute allegations of historic sexual assault if there is a ‘realistic prospect of conviction’ and they consider it ‘in the public interest to do so’.

What law applies to historic sexual abuse allegations?

The criminal offences an individual will be charged with depends on when the offence is alleged to have taken place.

There is a fundamental principle in law that it is not to be applied retrospectively. Article 7 of the European Convention on Human Rights states:

“No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.”

This means that charges brought against an individual will be based on the law at the time of the offence.

The Sexual Offences Act 2003 (the Act) came into force on the 1 May 2004 and applies to all offences committed on or after that date. Those charged with allegations prior to the coming into force of such Act will be charged under the old legislation – the Sexual Offences Act 1956.

How are historical sexual offences investigated?

Historical sexual assault, historical sexual abuse, and related offences present significant complexities for investigators.

Given that many years may have elapsed since the alleged incidents, physical evidence is typically unavailable. Consequently, investigations often commence with verbal statements or allegations.

Subsequent steps may include searches of personal property and reviews of records maintained by schools or local authorities to identify evidence that either corroborates or refutes the claims. Individuals accused will be interviewed by investigating police officers, during which it is advisable to seek guidance from specialist solicitors experienced in historic sexual abuse cases, such as Olliers.

How can I defend a historic sexual allegation?

At Olliers Solicitors, we appreciate how daunting it can feel to face historical sexual allegations. Building a robust defence in such cases demands meticulous attention and genuine empathy, recognising the profound impact these proceedings can have on every aspect of your life.

One of the key areas we focus on is the reliability of the complainant’s account. We understand that memories can be shaped and distorted over time by many factors including conversations with others, exposure to media reports, and even evolving personal beliefs. Our experienced legal team will rigorously analyse every statement made by the complainant, searching for inconsistencies, contradictions and any changes that may have arisen over the years. Even subtle discrepancies can cast significant doubt in a criminal trial.

Another common challenge in historic cases is the lack of physical evidence. Unlike recent allegations, there may be no forensic findings, CCTV footage or digital records such as text messages to support the claims. Frequently, these cases rest on one person’s word against another’s. In such circumstances, we work tirelessly to demonstrate to the court that, without supporting evidence, the prosecution cannot meet the high standard of proof required for a conviction.

We also know that false allegations and cases of mistaken identity can occur for a variety of reasons, whether due to honest mistakes, confusion over events that happened long ago, or, in some cases, malicious intent. If there is an alternative explanation, we will leave no stone unturned in uncovering evidence to support your case, whether it’s through alibi evidence, defence witness testimony or documentary records.

Alibi evidence can be especially powerful, even in historic cases. If you can show you were somewhere else at the time of the alleged incident, we will track down old employment records, travel documents or other proof to establish your whereabouts.

Where appropriate, we will present your history of good character to the court. If you have no prior convictions and a record of integrity, this evidence can speak volumes and may help to balance the jury’s perception.

We also know that a significant delay between the alleged events and the investigation can pose major difficulties. Memories fade, witnesses move on, and crucial records may be lost. In some cases, we may argue that the passage of time has made it impossible for you to receive a fair trial. This is called an ‘abuse of process’ argument and, if successful, it can result in your case being dismissed before it reaches a jury. However, these applications are complex and must be handled with care, as the court will also consider the public interest in serious allegations being heard.

Defending historic sexual allegations is never straightforward. It requires not only technical legal skill but also compassion and creativity. Our solicitors explore every avenue, from locating witnesses who can provide critical testimony to identifying old diaries, letters, employment contract or school records that may support your case. In some instances, we may instruct expert witnesses to assess the reliability of the complainant’s account, particularly where their version of events has altered over time.

At Olliers, our priority is to offer you both expert legal representation and unwavering personal support. We understand the anxiety and uncertainty you may be experiencing, and we are committed to guiding you through each stage of your defence, ensuring your voice is heard and your rights protected.

What factors impact the sentencing of historic sexual offences?

Sentencing for historic sexual allegations follows current sentencing guidelines based on harm to the victim and the severity of the offence itself.

Additional considerations may include:

• Victim’s age at the time, especially if under the age of consent.
• Accused’s current health or frailty.
• Influence of a position of trust or status.
• Severity and frequency of the alleged offence.

How can Olliers help if I have been accused of a historic sexual allegation?

If you are facing allegations of historic sexual offences, we appreciate how overwhelming and distressing this can be. It is essential to seek advice from experienced professionals as soon as possible, not only to protect your legal rights but also to help you navigate the emotional challenges that come with such allegations. We recognise the deep anxieties you may have regarding your reputation, personal relationships, and future prospects, especially if you are unfamiliar with the criminal justice system.

At Olliers, our team has extensive experience in supporting individuals accused of historic sexual offences, and we are here to guide you every step of the way. We understand that being investigated or arrested, particularly for the first time, can be a frightening and isolating ordeal. Our priority is to offer you compassionate, non-judgemental support, while safeguarding your interests and working diligently on your behalf.

We know how daunting this process may seem, and we are committed to treating you with respect and understanding. Our approach is to collaborate closely with you, ensuring you are fully informed and supported throughout. We will explain every stage of the process in clear, straightforward language, helping to ease your concerns and empower you to face the proceedings ahead with confidence. You are not alone – our team of outstanding specialist solicitors is here to stand by your side and help you achieve the best possible outcome.