Written 13th February 2026 by Aimee Darbyshire-Ellison
A breakdown of the legal process
Sexual offence allegations are very serious in nature. To be arrested or invited for voluntary interview on suspicion of these allegations can be distressing and overwhelming. Having sexual allegations made against you can have a huge impact immediately and can have long-term consequences.
When a person is alleged to have committed a sexual offence it is incredibly important to seek legal advice at the earliest opportunity. In doing so it will ensure that the individual understand the process and has the most appropriate advice from the outset.
Initial report and police action in sexual allegations
Sexual allegations are reported to police in most cases by a complainant directly, but often the reports can be made via a third party.
Some examples of common third party reports we see at Olliers are:
- a school making the report on behalf of a student
- family/friends making the call to police on behalf of another person, or
- social services making the report on behalf of a person.
When an allegation is made to police, it will be initially decided whether a “first response” is needed. Where the sexual offence is alleged to have happened less than a week prior to the report, the police are likely to immediately attend the complainant to take an initial account and collect any forensic evidence. This is likely to include taking the complainant to a Sexual Assault Referral Centre where a doctor can do a forensic medical examination.
Will someone be arrested for a sexual allegation?
The police have a duty to safeguard the complainant in the matter. In doing so, they assess the necessity to arrest the individual who is alleged to have committed sexual offence. Arrest is seen as necessary in most cases where the allegation is reported in close proximity to the alleged offence.
In order to arrest a person in relation to a sexual allegation, the police must have reasonable grounds to suspect them of committing a sexual offence and believe that the arrest is necessary such as to ensure a prompt investigation, to prevent further harm and to secure evidence.
Where the allegation is historic in nature, it is more usual that an individual will be invited to attend a voluntary interview.
Arrest or voluntary interview ?
It is preferable if police seek to deal with interviewing a suspect by way of voluntary interview. This involves the police contacting the individual and organising a time and date to attend the police station. In these circumstances it is possible for disclosure of the allegation to be provided to a solicitor in advance of the attendance. While a voluntary interview may be conducted in a less formal way than an interview under arrest. The interview will still be recorded and anything said could be used against the individual in criminal proceedings.
The alternative to voluntary interview is arrest. The primary power for arrest is section 24 of the Police and Criminal Evidence Act 1984 (PACE). When a person is arrested in relation to an allegation of sexual assault, police must at the point of arrest, identify themselves, clearly tell the suspect why they are being arrested and the crime they are alleged of committing, they must also tell the individual why the arrest is necessary. The police must read the caution to the individual which is “you do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence”. The suspect will then be taken to a police station.
On arrival at the police station following arrest, a suspect will undergo a formal booking process where they will have their rights explained and be detained for questioning. The suspect will be informed of their fundamental rights including the right to free and independent legal advice, the right to have someone informed of their arrest and the right to see the police codes of practice. It may also be that police request an intimate sample from the suspect.
It is important that at this stage a suspect informs the custody sergeant that they would like a solicitor. Seeking legal representation does not suggest guilt, it is very common and expected that a person who has been arrested requests a solicitor. Having legal representation at this stage ensures that the individual has the most appropriate advice at the earliest opportunity. This advice may be provided by a duty solicitor or a solicitor of their choosing.
Everyone who is under caution has the right to remain silent. It is best to remain silent until having been able to speak with a solicitor.
In both voluntary interviews and interviews after arrest it is imperative that a suspect has legal representation. A solicitor will protect a person’s legal rights, provide advice on how to proceed in interview and begin building an effective defence strategy from the outset. The solicitor will also ensure that the police act lawfully, fairly and in accordance with PACE.
The police receive a complaint and investigate. In many cases of rape allegations, police will arrest the suspect promptly or sometimes arrange a voluntary interview for less urgent or historical cases.
The suspect is interviewed about the allegations at a police station under caution, meaning anything said can be used as evidence. A solicitor can be present to advise and protect your rights during questioning.
After the initial interview, police and investigators gather further evidence (witness statements, forensic evidence, digital data, etc.) to build the case. You may be released on bail or "under investigation" without conditions while this continues. At Olliers we don't wait for charges to be brought; we intervene from the earliest stages and specialise in early, proactive intervention at the pre-charge stage. Through pre-charge engagement with investigators before any charging decision, we will present evidence and arguments in your defence to try to prevent a charge from being authorised.
Once the police conclude their investigation, they send the file to the Crown Prosecution Service. The CPS assesses whether there is enough evidence for a "realistic prospect of conviction" and if a prosecution is in the public interest. If charging criteria are not met, the case will be closed with no further action. Many rape allegations do not proceed to a charge. If a charge is authorised, you will be formally charged and given a court date.
All rape cases are indictable-only offences, meaning any trial will be held in the Crown Court before a jury. There will first be a preliminary hearing at a Magistrates' Court where the case will formally be sent to the Crown Court. At the Crown Court there will be a Plea and Pre Trial Preparation Hearing where a trial date will be set if pleading not guilty. A rape conviction carries a maximum sentence of life imprisonment, so having specialist legal representation is critical.
Can police seize phones and other electronic devices?
Police have the legal powers to seize phones, computers and other evidence under section 19 of PACE. When personal belongings are taken into property on arrest, it is possible that they may be seized, especially mobile phones and digital devices. It is also possible for police to conduct home searches while a suspect is custody and seize any property that they have reasonable grounds for believing is evidence in relation to the investigation, and that it is necessary to seize in order to prevent the evidence being concealed, lost, altered or destroyed.
Following seizure of property, it will be sent for forensic analysis. The police may request the passwords during interview at the police station. At this stage a suspect is under no legal obligation to provide the passwords, and in some cases, it may be advisable not to do so.
How long does it take for electronic devices to be forensically analysed?
Currently there is a major backlog in digital examinations, and this can cause significant delays in police investigations.
What is an ABE interview?
Where offences of a sexual nature are concerned, the complainant will be required to conduct an ABE interview. ABE stands for achieving best evidence, this is where the person making the allegation of sexual assault will provide a full account of the allegation to an officer whilst being recorded.
It is common where a person has been arrested for a sexual offence that the complainant has not yet provided a full account of the allegation at the time of interview. The ABE interviews are often conducted following the PACE interview of the suspect. Resultantly, it is possible that at a later date a suspect may be invited for a second interview under caution following the ABE being conducted.
Bail or Released Under Investigation (RUI)
Following arrest and interview under caution, the police must decide whether it is appropriate to bail a suspect or release them under investigation.
When released on bail a suspect will be provided with a date to return to the police station to answer bail; this is usually a date three months post arrest. During the period on bail, the police may consider it appropriate to put conditions in place that the suspect must comply with; these are designed to protect the investigation or the complainant.
Common bail conditions
Common conditions include:
- Non-contact requirements with the complainant or witness
- Reporting requirements to a police station
- Restrictions on travel or residence
- Restrictions on social media or internet use
Whilst these conditions are necessary for the investigation, they can have a significant impact on an individual’s life, employment or personal relationships.
What is Released under Investigation?
If released under investigation, a suspect will not have any conditions and will not need to attend the police station again unless informed to do so, however the investigation is ongoing. In these circumstances, there is no fixed time limit,and investigations can last for several months to years. Being released under investigation can be stressful as there may be limited information available to the individual about the progress of the investigation.
CPS Review and Charging Decision
The purpose of a police investigation concerning sexual allegations is to create a file that is then passed to the CPS. The CPS provides the police with legal advice and decisions on charges. They review the evidence submitted by police to determine whether the case should be charged, the key factors in their decision are:
- Whether there Is sufficient evidence to provide a realistic prospect of conviction
- Whether it is in the public interest to charge.
It is possible that the CPS send the file back to police to investigate further lines of enquiry.
Possible outcomes
The possible outcomes of a police investigation are as follows:
- Charge
- No further action
- Out of court disposal
Court process if charged
If charged with a sexual offence, an individual will be provided with a date to appear at the Magistrates’ Court; this is called a first appearance. It is at the Magistrates’ Court where it is expected that a plea will be entered.
At the first appearance at the Magistrates’ Court following plea, the case will be committed to the Crown Court and date will be provided for a Plea Trial and Preparation Hearing (PTPH). It is here that in addition to a solicitor, the defendantwill require the assistance of a barrister.
At PTPH, a trial date will be set, and stage dates will be provided. These dates are for the CPS and the defendant’s legal team to work towards to ensure that all parties are prepared in time for trial. It may be necessary for case management hearings to be listed during the trial preparation process to deal with any issues that may arise between the CPS and the defence.
Potential outcomes
Following the Crown Court trial, the potential outcomes are acquittal (not guilty) or conviction (guilty).
If found guilty, i.e. convicted, the sentencing guidelines will determine the sentence the court will impose.
It is common where a person is convicted of a sexual offence, that they will be subjected to ancillary orders (e.g. Sexual Harm Prevention Orders). These provide conditions that a person who has been convicted must comply with.
Sexual allegations can have a detrimental impact on the individual accused, whether at the investigation stage, following charge or conviction. The entire legal process can be incredibly overwhelming and daunting. It is important that those involved in the process have the appropriate support and safeguarding in place.
The stress of sexual allegations is undeniable and can have a major reputational impact on a person.
It is incredibly important that early legal advice is sought where sexual allegations have been made. The earlier the legal advice is sought the more pro-active the defence team can be in building an effective defence strategy.
Olliers Solicitors – specialist sexual defence solicitors
If you, or someone you know, are under police investigation for sexual allegations contact Olliers Solicitors.
By choosing Olliers you will gain immediate peace of mind that you are in the safest hands. We fuelled by passion, meaningful values and a genuine desire to deliver the best outcomes for our clients. We believe that supporting our clients through their legal journey is as important as the right outcome.
At the pre-charge stage we will:
- Assess whether your case is likely to meet the CPS charging standard
- Identify opportunities to divert the case away from prosecution
- Work to secure an out-of-court disposal or argue for No Further Action
If we are instructed post charge the same methodical ‘no stone unturned’ approach applies. Our specialists have experience that few, if any defence teams could match and an extremely impressive acquittal rate. We will always ensure that the right barrister is matched with the right client – every time.
We understand that facing a criminal investigation is stressful and overwhelming. Our team is here to guide you, protect you, and fight for the best possible outcome.
Contact us today for a confidential consultation. If you are facing an allegation involving any kind of sexual offence please contact our new enquiry team on 020 883 6790 (London) or 0161 834 1515 (Manchester),email info@olliers.com or complete the web enquiry form below.
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Aimee is a Trainee Solicitor and Accredited Police Station Representative and is involved in a broad range of case work including pre-charge engagement, Magistrates’ and Crown Court cases. She has worked on a number of complex pre-charge cases including sexual offences, domestic allegations and indecent images.