What Happens When a Sexual Offence Allegation Is Made to the Police?

Being accused of a sexual offence is one of the most serious and distressing situations a person can face. Sexual offence allegations often carry significant personal, professional, and emotional consequences from the very outset, regardless of whether the allegation is ultimately proven. For many individuals, the process is unfamiliar and complex, creating uncertainty at every stage.

Understanding how the legal process unfolds can provide some clarity during what is otherwise an extremely difficult time. This article explains the key stages that typically follow a sexual offence allegation, from the initial report through to possible court proceedings and sentencing outcomes.

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Have you been accused of a sexual offence? Reach out to our sexual offence solicitors today for clear, practical advice.

How sexual offence allegations are made

Sexual offence allegations most commonly arise following a report made directly to the police by the individual making the complaint. However, it is not unusual for allegations to emerge indirectly, for example where the complainant has disclosed matters to a friend, family member, teacher, employer or medical professional. In such circumstances, particularly where the complainant is a child, those individuals or organisations may be under safeguarding obligations requiring them to notify the police.

Once an allegation is reported, the police are under a duty to investigate. This will usually begin with the complainant providing a detailed account of what is said to have taken place. In many cases, this evidence is captured through a video-recorded interview, which is called an ABE (Achieving Best Evidence). These interviews are designed to obtain a clear and structured account and often form a central part of the prosecution’s case if the matter proceeds further.

What happens after an allegation has been made to the police?

Following the initial complaint, the police will begin gathering evidence in support of the allegation. The nature of this investigation will depend largely on when the alleged sexual offence is said to have occurred and the circumstances surrounding it.

In more recent cases, there may be opportunities to obtain forensic evidence, including medical examinations. In addition, the police may seek to recover CCTV footage and witnesses. Increasingly, digital evidence plays a significant role in sexual offence investigations, with police routinely examining mobile phones and social media accounts.

In contrast, where allegations relate to historic sexual events, physical evidence is often unavailable. Despite this, such cases can and do proceed based on witness testimony, previous disclosures made by the complainant, and material obtained from third parties, including counselling or medical records where appropriate. It is therefore important not to assume that the absence of forensic evidence will prevent a case from progressing.

How do the police contact someone accused of a sexual offence?

If you have been accused of a sexual offence, such as sexual assault or rape, the police will seek to speak to you as part of their investigation. This may take place either by way of a voluntary interview or following arrest.

Where a voluntary interview is arranged, you will be invited to attend a police station at an agreed time. Although you are not under arrest in these circumstances, the interview is still conducted under caution and is a formal part of the investigation. Everything you say is recorded and may be used as evidence.

Alternatively, the police may arrest you if they consider it necessary to do so. Arrest may occur to secure evidence, prevent interference with witnesses, or enable conditions to be imposed upon your release. While arrest can be alarming, it is important to recognise that it does not mean you will necessarily be charged with a sexual offence.

The importance of legal advice from a sexual offence lawyer

At this stage, obtaining expert legal advice is critical. You are entitled to free and independent legal representation at the police station, and it is strongly recommended that you exercise this right.

A specialist sexual offence solicitor will be able to engage with the police before the interview, obtain an understanding of the allegation, and provide tailored advice on how best to proceed. Decisions made during the interview can have a lasting impact on the outcome of the case, and attempting to navigate this process without legal guidance can carry significant risks.

What happens after a police interview in a sexual offence investigation?

Once the interview has concluded, the police must decide how to proceed while their investigation continues. In many cases, individuals are released either on police bail or under investigation.

Police bail typically involves the imposition of conditions, such as restrictions on contacting the complainant or entering certain areas. You will normally be required to return to the police station at a later date, although it is common for bail periods to be extended.

Alternatively, you may be released under investigation, meaning that the inquiry remains ongoing but without formal bail conditions or a specified return date. This can create considerable uncertainty, as investigations in sexual offence cases are often lengthy.

In more serious circumstances, particularly where the alleged offending is grave, and the risks are considered high, an individual may be remanded in custody to appear before a magistrates’ court within 24 hours.

How does the CPS decide whether to charge you with a sexual offence?

When the police investigation is complete, the case is referred to the Crown Prosecution Service (CPS). The CPS is responsible for determining whether a prosecution should proceed.

In making this decision, the CPS applies what is known as the Full Code Test. This involves an assessment of whether there is sufficient evidence to provide a realistic prospect of conviction, and whether it is in the public interest to bring a prosecution. In sexual offence cases, the public test is often satisfied, meaning that the evidential stage is usually the critical factor.

The CPS can return the case to the police with an ‘action plan’ to complete. This is a set of enquiries for the police to complete before the CPS makes a decision.

If the test is met, you will be formally charged. If it is not, the case will be discontinued, and no further action will be taken.

What is the pre-trial process for a sexual offence case?

Where a charge is brought, the case will begin in the Magistrates’ Court. All cases begin in the Magistrates’ Court and have a first hearing. Depending on the nature of the sexual offence and seriousness, it can remain in the Magistrates’ Court or be sent to the Crown Court.

Most sexual offences are sent to the Crown Court because they are deemed serious, such as indecent images of children and sexual communication with a child. Low-level sexual offences can remain in the Magistrates’ Court.

Before attending the Magistrates’ Court, your solicitor can obtain disclosure from the CPS, giving us the initial understanding of what evidence is being used to prosecute you. It is intended to allow a person to understand the strength of the case against them and to make an informed plea decision.

What should I expect if my sexual offence case goes to trial?

When a case proceeds to trial, it is for the prosecution to prove the sexual offence allegation to the criminal standard, meaning that the jury must be sure of the defendant’s guilt before they can convict. The defendant is not required to prove their innocence.

However, it is entirely understandable that many individuals accused of a sexual offence feel as though they have a great deal to prove. In practice, building a clear and carefully considered defence is essential, and experienced legal representation plays a crucial role in ensuring that the defendant’s case is presented effectively.

Can you be convicted of a sexual offence without physical or forensic evidence?

One of the defining features of many sexual offence cases is that they often depend heavily on the account of the complainant. In the absence of independent witnesses or forensic evidence, the case may come down to differing versions of events.

It is important to understand that the courts are entitled to convict based on a single witness’s evidence if that evidence is considered reliable. For this reason, cases that may appear to lack supporting evidence can still proceed to trial and result in a conviction.

What are the possible outcomes from a sexual offence trial?

If a sexual offence case reaches trial, the jury will determine whether the prosecution has proved the case beyond a reasonable doubt. The outcome may be an acquittal, a conviction, or in some instances, a situation where the jury cannot agree on a verdict. This is called a hung jury and may result in a re-trial.

What happens if I am found guilty of a sexual offence?

If you are found guilty of a sexual offence following trial, the court will proceed to sentence. In some cases, sentencing may take place immediately; however, it is more common for sentencing to be adjourned to a later date. Where the sexual offence is particularly serious, and a custodial sentence is considered likely, the court has the power to remand a defendant into custody pending sentence.

Between conviction and sentencing, it is usual for the Probation Service to become involved. Their role is to prepare a report for the court assessing the defendant and making a recommendation as to sentence. While this report is influential, it is important to note that the court is not bound by its recommendations.

At the sentencing hearing, the judge will apply the relevant sentencing guidelines for the offence. The court will consider both aggravating and mitigating factors to determine the appropriate sentence in all the circumstances of the case.

Sexual Harm Prevention Orders

In many cases involving sexual offences, the court will impose a Sexual Harm Prevention Order (SHPO). This is a civil order designed to reduce the risk of further offending and to protect the public. A SHPO may include a range of conditions tailored to the nature of the offence. These can include restrictions on internet or device usage, limitations on contact with certain individuals and restrictions on attending specific locations. Any conditions imposed must be proportionate and necessary, meaning that the terms of a SHPO will vary depending on the circumstances of the case.

Sex Offenders Register

In addition to any sentence imposed, an individual convicted of most sexual offences will become subject to notification requirements, commonly referred to as the Sex Offenders Register. These requirements place ongoing obligations on an individual to notify the police of certain personal details and any changes in their circumstances. The duration of this will depend on the nature of the offence.

How we can help

The period following an allegation is often marked by uncertainty and concern. The steps taken at an early stage can have a significant impact on how the case develops. Seeking advice from a sexual offence solicitor provides the best opportunity to protect your position and ensure that you are properly supported throughout the process.

Our team has extensive experience in handling complex and sensitive cases, from historic sexual abuse and the possession of indecent images of children, to revenge porn, false rape and voyeurism, and can provide clear, strategic guidance at every stage of the process. We offer confidential, professional advice and robust representation from the outset. Contact our team today to discuss your situation.