Sexual Assault Solicitors

What is sexual assault?

Under the Sexual Offences Act 2003, a sexual assault occurs when a person intentionally touches another person sexually without their consent, and without a reasonable belief that consent was given.

What is sexual assault by touching?

Touching can involve any part of the body, either directly or over clothing, and may also involve objects. Examples include non-consensual kissing, touching intimate areas (genitals, breasts, or bottom), stroking an intimate area, or pressing up against someone in a sexual manner.

What are the points to prove in a sexual assault case?

To secure a conviction for sexual assault, the prosecution must establish four statutory ‘points to prove’ beyond reasonable doubt:

• Intentional touching: A person intentionally touches someone else, rather than accidentally. 
• Sexual nature: The touching is sexual in nature, including non-consensual contact with intimate areas.
• Absence of consent: The other person does not consent,  or was unable to freely grant it, such as when asleep, unconscious, or impaired by alcohol or drugs.
• Lack of reasonable belief: The accused does not reasonably believe that consent was given.

How is consent defined under UK law?

Under Section 74 of the Sexual Offences Act 2003, a person consents to sexual activity when they freely agree by choice and have both the freedom and capacity to make that decision.

Consent is legally absent if someone:

• Says ‘no’ or expresses discomfort
• Is silent, unresponsive, upset, or physically pulls away
• Is asleep, unconscious, or under the influence of alcohol or drugs
• Is manipulated, tricked, pressured, or frightened into agreeing
• Is too young or vulnerable to understand or make that choice freely.

What are the key defence strategies in sexual assault cases?

Our sexual assault defence strategies are multifaceted and tailored to the specific circumstances of each case, drawing upon a deep understanding of the Sexual Offences Act 2003 and relevant case law. 

Key avenues of sexual assault defence often revolve around:

• Consent: This is frequently the central issue in sexual assault cases. Our sexual assault defence solicitors will explore whether the alleged victim genuinely consented to the touching, or whether you had a reasonable belief that they were consenting. This involves examining all the circumstances, including any actions taken by you, to ascertain consent. We challenge claims that consent was absent or that your belief was unreasonable, especially where evidence suggests a misunderstanding or consensual interaction.  The Sexual Offences Act 2003 provides specific definitions and presumptions around consent, and our team of sexual assault lawyers are experts at navigating these complex provisions. For example, consent is negated if the complainant was intoxicated or threatened. When consent is unclear, our focus is on whether your belief in consent was reasonable. 
• Identity: In some cases, the defence may centre on whether you were, in fact, the perpetrator of the alleged act. This could involve challenging identification evidence, presenting alibi evidence, or demonstrating that there has been a case of mistaken identity.
• Lack of sexual touching or intent: We may argue that the touching, if it occurred, was not sexual in nature, or that there was no intention for it to be sexual. This often relies on a careful analysis of the context and the nature of the alleged interaction.
• Abuse of process: In rare but important instances, we may argue that the prosecution constitutes an abuse of process, for example, due to significant and unfair delay, or if the police have acted improperly in their investigation.

What are the sexual assault sentencing guidelines?

In England and Wales, the sexual assault sentencing guidelines are issued by the Sentencing Council. The sentence’s degree is determined by evaluating two primary factors: the offender’s culpability and the harm caused to the victim.

• Culpability Factors: This measures the offender’s level of responsibility and intent. Higher culpability applies where there is significant planning, an abuse of a position of trust or authority, or deliberate targeting of a vulnerable victim.
• Harm Assessment: The court evaluates the impact on the victim. High-harm factors include severe psychological trauma or physical injury, the use of violence or threats, abduction or detention, and forced or uninvited entry into a victim’s home.

Depending on the sentence length, a conviction may also trigger mandatory placement on the Sex Offenders Register and additional restrictive measures, such as a Sexual Harm Prevention Order.

What is the maximum sentence for sexual assault?

• Maximum sentence: For offences tried in the Crown Court, the maximum sentence for sexual assault is 10 years’ imprisonment for an adult offender. Where the sexual assault offence involves a child under 13, the statutory maximum increases up to 14 years’ custody.

• Offence range: The overall sentencing range spans from a medium-level community order up to 7 years’ custody for severe individual counts.

What is the minimum sentence for sexual assault?

The absolute minimum sentence for sexual assault is a community order, reserved for low-culpability, minor harm cases.

Our sexual assault defence solicitors regularly assist clients in navigating the complexities of these guidelines to secure the best possible outcome. Get in touch today.

What is the benefit of a guilty plea and mitigation in a sexual assault offence?

Our sexual assault defence solicitors will provide clear, pragmatic advice on all available options, including the strengths and weaknesses of proceeding to trial versus considering a guilty plea. If, after a thorough review of the evidence and considering our advice, a guilty plea is the anticipated course of action, our focus will shift to mitigation.

Mitigation is crucial in aiming for the lowest possible sentence. Richard Nelson LLP’s team will work diligently to present a comprehensive mitigation package to the court. This includes:

• Timing of the Guilty Plea: An early guilty plea can lead to a significant reduction in sentence, typically up to one-third if entered at the earliest opportunity. 
• Remorse and Rehabilitation: Demonstrating genuine remorse and a commitment to rehabilitation can positively influence sexual assault sentencing guidelines. This might involve engaging with therapy, anger management, or other relevant programmes. Our sexual assault solicitors can recommend services that may be able to assist with your rehabilitation. 
• Personal Circumstances: We will highlight all relevant personal circumstances, such as your age, mental health issues (if applicable), lack of previous convictions, good character, employment, and family responsibilities, to provide the court with a full picture of you as an individual.
• Limited Harm or Culpability: While sexual assault is serious, we can argue for lower culpability if your actions were less planned, or if the harm caused, while still significant, was at the lower end of the sentencing spectrum compared to more aggravated offences.
• Cooperation with the Investigation: Any genuine cooperation with the police, within the bounds of legal advice, can be presented as a mitigating factor.

Our sexual assault defence lawyers understand the complexities of sexual assault sentencing guidelines, which categorise offences based on harm and culpability to determine a starting point and range. We will meticulously prepare your mitigation submissions, drawing upon our extensive experience to present the most compelling case to the court, aiming to achieve the best possible outcome in even the most challenging circumstances.

Recent sexual assault cases

Our expert sexual assault defence solicitors, Jacqui Callan and Lily Nutbrown, represented a woman accused of sexually assaulting her foster daughter – a highly sensitive allegation that led to her arrest and the imposition of strict bail conditions, including a prohibition on any contact with the complainant. Despite this, the complainant repeatedly returned to our client’s home and left letters, raising serious concerns about her conduct. Jacqui and Lily responded quickly, providing consistent support to the client and maintaining a formal log of the unwanted contact. 

As part of a robust pre-charge engagement strategy, they submitted detailed representations to the police, focusing on the credibility and reliability of the complainant’s account in light of her ongoing contact. 

Their careful and proactive work ensured that the police were fully informed of the broader context, ultimately resulting in the case being dropped with no further action taken against the client.