Specialist Rape and Sexual Assault Lawyers
Olliers have significant experience in defending allegations of rape and sexual assault under the Sexual Offences Act 2003.
Specialist Rape Lawyers
Rape is an indictable only offence which means that an allegation of rape can only be heard in the Crown Court. A conviction for rape carries a maximum sentence of life imprisonment.
Rape is defined under Section 1 of the Sexual Offences Act 2003 (“The Act”) as one person’s intentional penetration of another person’s vagina, anus or mouth with his penis, where the other person does not consent and he does not believe the other person consents.
Specialist Sexual Assault Lawyers
Sexual assault is defined under Section 3 of the Act when one person intentionally touches another sexually, where the other person does not consent and he does not reasonably believe the other person consents to be touched.
A separate offence of assault by penetration exists under Section 2 of the Act, where a person sexually penetrates another person’s vagina, anus or mouth with a part of their body or anything else. Again, in this situation the Crown must prove that the Defendant did not believe the other person to be consenting to the penetration.
The maximum sentence available if convicted of assault by penetration is life imprisonment and for sexual assault is 10 years imprisonment.
Sexual Activity with a Child
There are a number of different offences under the Act relating to children including sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child, causing a child to watch a sexual act, child sex offences committed by children or young persons, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming.
Historic Rape
This is a subject area which has attracted significant publicity in recent months with the spotlight on Operation Yewtree, Operation Globe and the acquittal of Michael Le Vell etc.
Many allegations of historic abuse are made many years or sometimes decades after the offence is alleged to have occurred. Defendants facing this sort of allegation may encounter particular difficulties given the passage of time and the effect this can have on, for example, the recollections of witnesses or the availability of documentary records.
Olliers Solicitors has significant experience of successfully defending allegations of historic rape and sexual abuse.
Allegations of Rape/Sexual Abuse by Professionals
There are a range of sexual offences which are differentiated from the usual form of the offence by the additional element of abuse of a position of trust. These offences relate to situations where complaints of sexual activity/touching are made against a person who regularly looks after a child (under 18) for example teachers, care home staff, hospital staff.
Allegations of this nature can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the allegation. Conviction for this offence in the Crown Court carries a maximum term of imprisonment of 5 years and will have an impact on the defendant’s ability to work with young people in the future.
A separate set of offences exist which relate to care workers alleged to have engaged in sexual activity with persons with a mental disorder. These offences can attract longer custodial sentences because of the additional issues regarding capacity to consent and abuse of a position of trust.
Grooming
An offence of meeting a child after sexual grooming is made out if an adult has contact (met or communicated) on at least two occasions with a child under 16 and then meets the child or either party travels with the intention of meeting the other in order to engage in sexual activity. The communication/contact between the child and adult prior to the meeting does not have to have been sexual in nature.
The Crown must show that a defendant knew the child was under 16 or did not reasonably believe the child to be over 16.
Grooming is an allegation which can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the allegation. The maximum sentence which can be imposed for an offence of this nature is 10 years imprisonment.
Consent
Consent can be a complex issue and can be affected by the age of the person making the complaint, any mental disorders and the freedom/capacity to make the choice. For example, an individual’s capacity to consent may be affected where alcohol or drugs have been consumed.
Olliers Solicitors – Specialist Rape & Sexual Assault Solicitors
Olliers are a specialist criminal defence firm with offices in both London and Manchester providing specialist advice and representation throughout England and Wales. We are the Modern Law Awards Crime Team of the Year 2016 and the Manchester Legal Awards Crime Team of the Year 2017.
We are ranked as a Top Tier criminal firm in the 2017 editions of both the Legal 500 and Chambers Directory.
If you are facing an allegation involving rape or sexual assault, contact Matthew Claughton on 0161 827 7010.