Sexual Offence Solicitors

What our sexual offence solicitors do

Whether you are facing false allegations of sexual assault, rape, or any other sex-related crime, our experienced sex crime lawyers can offer the depth and breadth of expertise that your case requires. We are specialists in defending clients in the following areas:

Historic sexual offences

These involve allegations of sexual crimes that are alleged to have occurred many years, or even decades, in the past. Our team has extensive experience in handling such complex cases, challenging the credibility of old accusations, scrutinising evidence from the past, and preparing robust defence strategies to counter claims where evidence may be scarce or memories have faded.

Possession, making, distribution and production of indecent/prohibited images of children

This offence relates to the possession, making, distribution, or production of indecent images of children, as well as prohibited and extreme pornographic images.  Our expert sexual offences lawyers can defend clients by scrutinising how the images were obtained, challenging the categorisation of the images, and exploring a wide range of defences, including digital forensic issues, legitimate reasons for possession, lack of awareness, relationship contexts such as marriage, and cases involving unsolicited images. We also advocate for alternatives to conviction, such as conditional cautions.

Revenge porn cases

Revenge porn is the non-consensual sharing of private and intimate images or videos, covered under Section 66B of the Sexual Offences Act 2003, applying whether the content is shared online or offline. The prosecution does not need to prove intent, but case outcomes may be influenced if the material was shared for sexual gratification or to cause alarm, distress, or humiliation. Our specialist revenge porn solicitors provide early legal advice, scrutinise digital evidence, and build a strong defence to protect your rights throughout the process. 

False rape allegations

These are serious accusations of rape that are often made maliciously or due to misunderstanding. Richard Nelson LLP has a strong track record in defending individuals against false rape allegations, meticulously examining the accuser’s credibility, uncovering inconsistencies in their account, and presenting compelling evidence to establish innocence.

Sexual assault

This offence involves the intentional touching of another person in a sexual way without their consent. Our expert criminal defence team will explore various possible defences against sexual assault allegations by challenging the element of consent, scrutinising the accuser’s account for inconsistencies, presenting alibi evidence, and exploring all possible avenues to establish the client’s innocence.

Indecent exposure

Indecent exposure is the act of intentionally exposing one’s genitals in public with the purpose of causing alarm or distress to those who see them. Expert sexual offence lawyers at Richard Nelson LLP can defend against these allegations by outlining a lack of intention or disputing the public nature of the act.

Outraging public decency

This offence covers acts that are overtly lewd, obscene, or disgusting and occur in public, affronting generally accepted standards of decency. We can explore possible defences such as challenging whether the act genuinely outraged public decency or disputing the public nature of the act.

Voyeurism, upskirting and downblousing

These offences involve secretly observing or recording individuals for sexual gratification or with the intent to humiliate, alarm or distress the other person. This can occur both where they have a reasonable expectation of privacy and in some public places.  Our team will explore every possible avenue for a defence by scrutinising the intent of the accused, challenging the “private” nature of the observation, disputing the act of recording, or arguing that the individual gave consent.

Sexual offences against children

These offences involve sexual acts committed by individuals over the age of 18 against children. The Sexual Offences Act 2003 identifies three distinct categories based on the age of the child: offences against those under 13, 16, and 18. The criminal defence team at Richard Nelson LLP provides expert representation for individuals accused of offences such as causing or inciting a child to engage in sexual activity, engaging in sexual communication with a child, and abuse of a position of trust. They thoroughly challenge the prosecution’s case by carefully scrutinising witness statements, identifying inconsistencies, and instructing expert witnesses where necessary to build a robust defence.

Sexual offences committed by children against other children

Richard Nelson LLP provides expert legal defence for individuals under 18 accused of committing sexual offences against other children. Our criminal defence lawyers carefully consider important factors such as the public interest in prosecution alongside the young person’s development and maturity. We aim to secure the best possible outcome, which may include alternatives to prosecution, such as out-of-court disposals where appropriate.

What is a sexual offence?

Sexual offences are broad and encompass a wide range of criminal behaviours involving sexual activity. They are primarily defined under the Sexual Offences Act 2003, which sets out offences that include both non-consensual acts, such as rape and sexual assault, and offences involving exploitation, coercion, or abuse, particularly against children or vulnerable individuals. These offences may occur in person or online. 

Examples of sexual offences include:

• Unwanted sexual touching (sexual assault)
• Penetrative acts without consent (rape or assault by penetration)
• Sexual activity with a person under the legal age of consent
• Exposing oneself or engaging in sexual acts in public
• Coercing, threatening, or deceiving someone into sexual activity
• Possessing or creating indecent images of children

Each sexual offence under the Sexual Offences Act 2003 has its specific legal elements that the prosecution must prove beyond reasonable doubt to secure a conviction. This usually involves showing that:

• The act was sexual in nature
• The complainant did not consent
• The defendant did not reasonably believe that the complainant was consenting

The exact requirements vary depending on the offence in question, but the principles of consent and reasonable belief are central to many charges under the Act.

What is the Sexual Offences Act 2003?

The Sexual Offences Act 2003 is a key piece of legislation in England and Wales that defines and governs a wide range of sexual crimes. It was introduced to modernise and clarify previous laws, placing greater emphasis on consent, protection of vulnerable individuals, and accountability for offenders. A central feature of the Act is its clear definition of consent, requiring that a person agrees to sexual activity by choice and has the freedom and capacity to make that decision.

The Act introduced updated definitions and broadened the scope of offences to reflect modern forms of sexual offending. While these are explored in detail above, the legislation includes crimes involving non-consensual acts, exploitation, abuse of trust, and offences against children and vulnerable adults.

The Act applies in England and Wales, with similar but separate legislation in Scotland and Northern Ireland.

Defending allegations of sexual offences in the police station

An investigation into an allegation of a sexual offence may begin in several ways. This could be a knock on the door by the police, a telephone call to attend a voluntary interview at the station, or a formal arrest.  Regardless of how it starts, it’s vital to seek legal advice immediately. We have a dedicated team of specialist sexual offence solicitors who are experienced in robustly defending sex allegations from the outset of the allegations being made against you.

It is highly advisable to be legally represented at the police station by experienced sexual offence lawyers with expertise in defending these types of allegations. Don’t be fooled into thinking that because you are innocent and have nothing to hide that you do not need legal representation, or that requesting legal representation will significantly delay your time in the police station.

Being properly advised from the outset of a criminal investigation for sexual offences, by a specialist sexual offence solicitor, can make a crucial difference to whether an investigation results in a court case or if a criminal charge can be avoided altogether.

Crown Court Trials for Sexual Offences

Our detailed preparation is the key to our success when defending sex offences. Richard Nelson LLP’s sex offence lawyers will spend time with you, taking your detailed instructions, to gain a thorough understanding of the background circumstances.

We will conduct a comprehensive analysis of the complainant’s account, identifying weaknesses and inconsistencies, such as differences in the account the complainant has given to different people.

When defending allegations of sexual offences, the choice of an advocate is particularly critical. In a trial, the cross-examination of the complainant is key to a successful outcome. Our in-house sex offence lawyers have a proven track record for their expertise in their successful cross-examination of complainants. We also have priority access to and regularly work alongside some of the best defence barristers, including the country’s top KCs.

Our advocates will work hard to bolster your credibility before the jury, to demonstrate that your evidence is reliable, as part of our vigorous defence strategy.

Bail in cases of sex offences

Our sexual offence defence lawyers will, wherever possible, submit representations to the Police and/or Court to ensure that you are granted bail while awaiting trial.

Where necessary, if, for example, the CPS do not want you to live with any children whilst you are on bail, we will work alongside our expert family lawyers to ensure that the impact of any bail conditions has the minimal possible impact on your family.

What does consent mean in sex offences?

Consent is when an individual makes a voluntary and informed decision to engage in sexual activity. To successfully defend an allegation of sexual offences based on consent, it is necessary to show that the accused reasonably believed that the other party genuinely consented.

There are some specific sex offences where consent cannot, in law, be a defence, for example, allegations of sexual offences involving children. However, where the allegations relate to adults, consent is a common issue.

Publicity surrounding sexual offences

Cases involving allegations of sexual offences sometimes attract a significant degree of publicity. We will support you through the whole process, dealing sensitively with the issues as they arise.

Fitness to Plead or to Stand Trial in cases of Sexual Offences

In some cases, defendants may be in their later years and may be suffering from significant physical or mental health issues, which may affect their ability to stand trial. This can increase the frustration for the family who is desperate to support an accused person.

Where necessary, we have access to psychiatrists who specialise in assessments, who can assist in defending your case. If you are a family member of someone facing allegations of sexual offences, please contact us for a discussion on how we can help.

Get in touch online or call us on 0333 888 4040 if you are invited for an informal discussion with the police about any sex crime – our team of sexual offence lawyers can help.

Allegations of Sex Offences made against professionals

The stress felt by those facing allegations of sex offences can be compounded for professionals, who must also manage the impact of the allegations on their career and livelihood. When defending regulated professionals, our sexual offence lawyers can work in conjunction with our regulatory solicitors to assist clients with the management of the process with their employer and regulator.

We firmly believe that access to a specialist sexual offence solicitor from the outset is crucial in defending allegations of sexual offences. We have a team of specialist sex offence lawyers who adopt a focused approach to the preparation of cases. They exercise attention to detail, enabling them to robustly prepare your defence and tenaciously fight your corner.

Contact our team today.