Historic Sexual Offences

What is the legal definition of a historic sexual offence?

Historic sex abuse allegations are simply allegations about sexual offences when the offence is prosecuted a long time after the alleged incident.

Delay in making an allegation of historic sexual offences and bringing the matter to the attention of the police will not be regarded as being indicative of a false allegation. In law, there are no time bars restricting a complainant from bringing an allegation of sexual abuse.

However, we will always consider if it is possible in specific cases, for an application to be made to the court, that due to the passage of time, it is no longer possible for the accused to have a fair trial.

Running a proactive defence to historic sexual abuse accusations

Our historic sex abuse solicitors will plan a defence strategy that is proactive. We will consider any relevant applications for disclosure of relevant paperwork such as the complainant’s social services records, employment details and details of any previous allegations made.

These documents will not necessarily be voluntarily provided to the defence, but may need to be tenaciously sought after. Our specialist lawyers have the experience and expertise to ensure that your case is appropriately prepared for trial.

Reach out to us today for support.

Does evidence in historical sex abuse cases create problems for the defence?

When historic sex abuse allegations are made, there are often evidential issues. Proving historical sexual abuse is complicated as there is unlikely to be any forensic evidence and little by way of corroboration, meaning it is often the complainant’s word against yours. It is therefore essential to be represented by expert historic sex abuse solicitors.

What is the relevant law in relation to historical sexual abuse allegations?

If you are charged with historical sexual abuse, it is likely the charge will be brought under the Sexual Offences Act 1956. If the alleged incident is said to have occurred after May 1st, 2004, it will be brought under the Sexual Offences Act 2003. Regardless of which legislation is applicable to your case, our historic sex abuse lawyers are well placed to successfully defend you. Speak to a specialist as soon as possible.

What if a person accused of historical sexual abuse now has health issues?

In some cases, those accused of historical sex abuse may well be elderly and some may now be experiencing significant physical or mental health issues. This can increase the frustration for the family who is desperate to support an accused person.

Where necessary, we can consider if you are fit to plead to an allegation of historic sex abuse, or if you are fit to stand trial. We have access to top expert psychiatrists who specialise in assessments about whether you have sufficient capacity to properly be able to defend allegations of historic sexual offences.

What is the worse-case scenario for those convicted of historical sex offences?

Any conviction for a historic sex abuse allegation is, of course, a serious matter. The likely sentence will be impacted by a variety of factors such as:

•  The nature of the sexual allegations made;
• The age of the alleged victim/s;
• The period of time over which the offences were committed;
• The age then and now of the defendant;
• Any previous convictions;
• The character of the defendant now and the lifestyle led since the incident;
• The availability of character references;
• The degree of harm to the victim/s may also be considered.

If you need support in relation to false allegations of historic sexual offences made against you, speak to our lawyers today.