Sexual Assault Defence Solicitors

Our expert sexual assault lawyers can assist you in various aspects of your legal journey

Legal consultation

At Richard Nelson LLP, your journey begins with a comprehensive legal consultation. This crucial first step is where we dedicate time to help you fully understand your rights, the specific allegations you are facing, and the intricacies of the legal process that lies ahead. We’ll provide a clear and concise overview, ensuring you are informed and prepared for what to expect, and answer any initial questions you may have.

Representation at the police station

It is paramount to have specialist criminal defence representation during any police interview. At Richard Nelson LLP, we cannot stress enough the vital importance of having a qualified solicitor by your side. Even if you believe you are innocent, a police interview is a formal process where anything you say can be used as evidence. Our experienced solicitors will ensure your rights are protected, advise you on whether to answer questions, prevent misinterpretations, and challenge any improper police procedures, safeguarding your position from the very outset.

Case analysis

Following your initial consultation and any police station attendance, our team at Richard Nelson LLP will embark on a meticulous and thorough case analysis. At this early stage, we focus on understanding the allegations, advising you on the legal process, and identifying any immediate steps that can be taken to protect your position. As the case progresses and further information becomes available, we continue to assess developments and prepare for the next stages of the investigation or any potential proceedings.

Court representation

Should your case proceed to court, our highly skilled legal team at Richard Nelson LLP will provide unwavering advocacy and preparation on your behalf. Our solicitors are skilled in presenting complex legal arguments with clarity and expertise. For Crown Court matters, we offer in-house representation through our solicitor advocate, or we can instruct trusted, independent barristers from specialist chambers, selected for their expertise in serious cases. We will meticulously prepare your case, call relevant witnesses, cross-examine prosecution witnesses effectively, and deliver compelling arguments to the court, always striving for the best possible outcome.

Defence strategy

Based on our in-depth case analysis, we will collaborate with you to develop a robust and effective defence strategy. This is not a one-size-fits-all approach; instead, it is tailored specifically to the unique aspects of your case. Our goal is to protect your interests and rights at every turn, whether that involves challenging evidence, presenting alternative narratives, negotiating with the prosecution, or preparing for a full trial. We will clearly explain the proposed strategy, ensuring you are fully on board and informed.

Support and guidance

Facing allegations, especially those of a sexual nature, can be an incredibly stressful and daunting experience. At Richard Nelson LLP, we understand the emotional toll this can take. Beyond our legal expertise, we are committed to providing comprehensive support and guidance to you every step of the way. We will communicate clearly and regularly, answer your questions, alleviate concerns, and ensure you feel supported both legally and emotionally throughout the entire process, from initial contact to the resolution of your case.

What is a sexual assault?

Sexual assault is a term which covers a wide number of circumstances. However, it occurs when someone intentionally touches another person sexually, without their consent. The touching can be done with any part of the body or with an object. Both men and women can face allegations of sexual assault.

What is the legal definition of sexual assault?

Under the Sexual Offences Act 2003, sexual assault occurs when:

• A person intentionally touches someone else,
• The touching is sexual in nature,
• The other person does not consent, and
• The accused does not reasonably believe that consent was given.

Sexual touching can involve any part of the body, either directly or over clothing, and may also involve objects. Examples include:

• Kissing without consent
• Touching another person’s genitals, breasts, or bottom — even over clothing
• Any sexual or intimate touching, such as stroking a thigh or rubbing a back
• Pressing up against someone in a sexual manner

How the law defines consent

In England and Wales, 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 not present 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 common defences to allegations of sexual assault?

Facing allegations of sexual assault is an incredibly distressing experience, and at Richard Nelson LLP, we are acutely aware of the devastating impact such accusations can have on an individual’s life, reputation, and family. Our solicitors provide calm, strategic support from the earliest stage through to conclusion.

Our early approach to police investigations 

If you come to us while under police investigation for sexual assault, we will arrange a detailed meeting to go through your case in full. We understand how stressful and uncertain this stage can be, and we aim to provide clear advice and take proactive steps on your behalf. 

After carefully reviewing the allegations and your account, we will assess whether any pre-charge engagement can be submitted to the police. This may include digital evidence such as text messages, suggested lines of enquiry, or witness details – anything that supports your defence and helps ensure the police are considering all relevant information before making a charging decision. Our focus is always on putting forward your case clearly and effectively at the earliest possible stage.

How we prepare if your case proceeds to court

If you are charged and the case proceeds to Court, Richard Nelson LLP’s solicitors will immediately begin by meticulously assessing all available evidence. This involves a granular examination of the prosecution’s case, including witness statements (scrutinising for inconsistencies or reliability issues, especially given the passage of time in historic cases), forensic evidence (DNA, digital forensics), medical reports, and any other material. We will also actively seek out and review any evidence that could support your defence, such as alibis, character references, or communications that demonstrate consent or a reasonable belief in consent.

Representation at the police station

It is paramount to have specialist criminal defence representation during any police interview. At Richard Nelson LLP, we cannot stress enough the vital importance of having a qualified solicitor by your side. Even if you believe you are innocent, a police interview is a formal process where anything you say can be used as evidence. Our experienced solicitors will ensure your rights are protected, advise you on whether to answer questions, prevent misinterpretations, and challenge any improper police procedures, safeguarding your position from the very outset.

Key defence strategies in sexual assault cases

Our 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 defence often revolve around:

• Consent: This is frequently the central issue in sexual assault cases. Our 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 is expert 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.

Advice on plea and mitigation

Our 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 sentencing. This might involve engaging with therapy, anger management, or other relevant programmes. Our 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 solicitors understand the complexities of sentencing guidelines for sexual offences, 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

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.

Why Choose Richard Nelson LLP?

When facing the distress and complexity of false sexual assault allegations, choosing the right legal team is crucial. Here’s why so many people trust Richard Nelson LLP to defend their reputation and secure the best possible outcome.

Your case will be handled by an extremely experienced criminal defence team, consistently ranked in both the prestigious Legal 500 and Chambers guides. Leading this team is Partner Jacqui Callan, a widely recognised leader in her field with over 30 years of experience in criminal defence.

If you are facing allegations of sexual assault, get in touch with our solicitors today.

Expertise and experience

Our solicitors have a proven track record of successfully representing individuals facing sexual assault allegations. With years of experience, we understand the intricacies of the law and the emotional toll these cases can take. We’re here to provide you with the best legal representation.

Personalised support

We treat every case with the utmost sensitivity and discretion. We understand the unique challenges that each case presents, and we tailor our legal strategies to your specific circumstances.

Dedication to your defence

At Richard Nelson LLP we believe in the principle that everyone is entitled to a robust defence. We are passionate about fighting for justice and ensuring that your voice is heard. Our relentless dedication to your case sets us apart from other firms.