Sexual Offences

Historic Sexual Abuse

Historic sexual abuse refers to any sexual activity that occurred years or decades ago, with the perpetrator and victim in question now being adults. When accusations of historic sexual abuse arise, it refers to cases that have happened in the past and may have not been reported or prosecuted at the time due to a range of factors such as fear, lack of understanding, or coercion.

Historic sexual abuse cases can be very complex and sensitive, particularly when it comes to gathering evidence and interviewing witnesses. For this reason, it is essential to seek legal advice from one of our experienced lawyers that specialise in these matters.

If you find yourself in the unfortunate position of facing an allegation, it is understandable that you may be experiencing a range of emotions, including anxiety and anger due to an unjust accusation. You may feel that it is unnecessary to engage a lawyer if you believe there is no evidence against you. However, unfortunately, this is not a recommended approach.

When one person's statement is pitted against the other, it does not mean that the authorities will simply halt their investigation. Furthermore, the investigation may not be impartial and objective, and there may be instances where the authorities focus on uncovering evidence to support the accuser rather than disproving the charges.

Therefore, it is highly recommended that you engage the services of an experienced lawyer who can provide you with guidance and support to navigate the legal system. They can help ensure that your case is reviewed objectively, evidence is gathered, and your legal rights are protected.

What happens if someone is arrested for historic sexual abuse?

If someone is arrested for historic sexual abuse, they will be taken into custody and taken to a police station for questioning. The police can detain the individual for up to 24 hours without charge but can apply to extend the detention period for up to 36 hours more. The person has the right to legal representation during their detention.

During the investigation, the police will question the individual and collect evidence, including witness statements, documents, and digital or forensic evidence. Once the investigation is complete, if the police believe there is enough evidence, they will charge the suspect. If the suspect is not charged, they will be released without charge.

If the suspect is charged, they will be taken to court to face trial. The trial will determine whether they are guilty of the charges of historic sexual abuse. During the trial, the prosecution will attempt to prove beyond a reasonable doubt that the individual committed the alleged offenses. If the defendant is found guilty by the court, they will face a sentence that could include imprisonment, community service, or fines.

It is important to note, it is fundamental that you employ the services of a lawyer to support you throughout the police inquiry, particularly as soon as you discover that you are being falsely alleged. 

What you say in the police investigation is incredibly significant and may have enduring ramifications on the case. It is possible to make an error in the interview and that does not pertain to your guilt. It is stressful, primarily when recalling the intricate details of events that happened several years ago.

What are the possible penalties for historic sexual abuse?

The penalties for historic sexual abuse charges in the UK depend on a variety of factors, including the severity of the offense, the age of the victim, and any aggravating or mitigating circumstances. Sentences for historic sexual abuse can range from fines and community service to life imprisonment, depending on the nature and severity of the offense.

Sentencing guidelines provide a framework for determining the appropriate sentence, taking into account the seriousness of the offense and the harm caused to the victim. Some examples of possible sentences for historic sexual abuse charges are:

- For lesser offenses, such as indecent assault, the perpetrator could face up to two years in prison.

- For more serious offenses, such as rape or sexual assault, the perpetrator could face up to life in prison.

- For offenses against children, the sentence may be more severe due to the vulnerability of the victim. In these cases, a life sentence is more likely to be imposed for the most serious offenses.

It is important to note that the court will consider various factors before determining the appropriate sentence, including the perpetrator's criminal record, their level of culpability, and any mitigating circumstances that may apply. 

If the case proceeds to court, it is necessary to ensure proper representation by an lawyer who specialises in handling such cases. Historical false accusations require input on sophisticated lawful matters and legal proceedings, which McArthur Solicitors have acquired and mastered over the years.

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.

Indecent Images Offences

The term ‘indecent images of children’ means a sexual image of a child (anyone under the age of 18).

The indecent nature is an issue for the tribunal of fact to decide in accordance with recognised standards of propriety (R v Stamford [1972] 56 Cr. App. R. 398). It is therefore an objective test. However, the circumstances in which the photograph came to be taken and motive of the taker are not relevant; it is not the defendant’s conduct which must be indecent but the photograph of the child which results from it (R v Graham-Kerr (1989) 88 Cr App R 302; R v Smethurst [2002] 1 Cr. App. R. 6).

Broadly, in the context of commonly prosecuted cases they are images that involve:

• Images of nude or partially clothed children
• Images of children posing sexually or provocatively
• Self-generated sexual images by children (‘selfies’)
• images depicting children engaging in both penetrative and non-penetrative sexual activity

These definitions apply to still images, videos and pseudo-photographs.

What happens if someone is arrested for indecent images offences?

If someone is arrested for indecent images offences, they will be taken into custody and taken to a police station for questioning. The police can detain the individual for up to 24 hours without charge, but they can apply to extend the detention period for up to 36 hours more. During their detention, the individual has the right to legal representation.

Once the initial investigation is complete, the police may seize any electronic devices related to the offence for further forensic examination. If the examination reveals any evidence of indecent images, the suspect will be charged and taken to court to face trial.

What are the possible penalties for indecent images offences?

The penalties for indecent images offences depend on the severity of the offence. The maximum sentence for possession of indecent images is up to five years imprisonment, and for distribution, it is up to fourteen years imprisonment. The sentence can vary depending on factors including the number, nature, and severity of the images involved.

In addition to imprisonment, a conviction for indecent images offences can also lead to a requirement to register as a sex offender, which can impact the individual's future employment prospects and cause significant social stigma.

At McArthur Solicitors, we have extensive experience in dealing with accusations of a sexual nature. We acknowledge that being arrested for such allegations can be a daunting experience, particularly for individuals who have never experienced it before. Sexual allegations can create a tremendous emotional burden, impacting current relationships, reputation, and even career prospects. We understand the gravity of such issues and are here to provide support throughout the legal process.

Our team of proficient criminal defence lawyers understands all the potential defences for indecent images charges, ensuring no possible angle of defence goes overlooked.

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.

Rape

Rape is a criminal offence that involves intentionally penetrating another's vagina, anus or mouth with a penis, without the other person's consent. Rape cases require a sensitive and specialised approach and often involve complex legal issues.

What happens if someone is arrested for rape?

If someone is arrested in the UK for rape offences, they will be taken to a police station for questioning. After questioning, the police may charge the person, release them on bail, or release them under investigation while they continue to investigate the allegations.

If charged, the person will be taken before a magistrates' court, where they will be given the option to plead guilty or not guilty. If they plead guilty, the case will proceed to a sentence hearing, where the court will decide on the appropriate punishment. If they plead not guilty, the case will proceed to trial in the Crown Court.

During the trial, the prosecution will present evidence, and the defence will be given the opportunity to challenge the evidence presented. The judge will instruct the jury on the law and the evidence presented, and the jury will then decide on the verdict.

What are the possible penalties for rape?

The penalties for rape can vary depending on the severity of the offence and the defendant's criminal history. Here are some possible penalties:

Community orders or suspended sentences: This is a non-custodial sentence, where the defendant is given a community order or suspended sentence, with conditions such as unpaid work or attending rehabilitation programs.

Imprisonment: Rape is a serious offence, and the most common penalty for rape is imprisonment. The length of the sentence can vary from several years to life imprisonment, depending on the severity of the offence.

Life imprisonment: Life imprisonment is the maximum penalty for serious rape offences, such as multiple rapes against adults or children, or rape involving serious violence or causing life-long harm to the victim.

McArthur Solicitors understand the sensitive and emotionally challenging nature of rape cases, and will provide you with the support and expertise necessary to navigate the legal system.

Sexual Assault

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts. 

Sexual assault does not have to cause physical injury; it can cause injuries that can’t be seen, such as emotional distress. 

The definition of indecent assault is an older legal term and was largely replaced by the Sexual Offences Act 2003 and included  ‘unwanted sexual contact’, but does not extend to penetrative sexual assault or rape. Indecent assault could apply to something physical that took place in a sexual way without the victim’s consent, including where the contact was sexual but over clothing.

Sexual assault by penetration is when a person penetrates another person’s vagina or anus by using an object (or any other body part other than a penis) without the person’s consent. This penetration can include objects like bottles or body parts like the tongue or fingers. The penetration can happen between any gender.  

However, if a person penetrates another’s vagina or anus with a penis without consent, then that is defined as rape and cases involving this accusation would come under rape allegations. 

What happens if someone is arrested for sexual assault offences?

When someone is arrested for sexual assault, they will first be taken to a police station for questioning. The police will formally interview the suspect and record a statement, which may be used as evidence in court.

If the police have reasonable grounds to suspect that the person committed a sexual assault, they can charge them and bring them before a court. If the police do not have sufficient evidence to charge the suspect at that time, they may be released pending further investigation.

Once charged, the suspect will appear before a magistrate's court. The court will decide whether or not to grant bail and how the case will proceed. In some cases, the case may be referred to the Crown Court for a trial.

During the trial, the prosecution will present evidence to show that the accused has committed the offence. The defence will also have the opportunity to present evidence to refute the allegations.

If the accused is found guilty, they will be sentenced by the court. The sentence can range from community orders to life imprisonment, depending on the severity of the offence and the defendant's criminal history. If the accused is found not guilty, they will be acquitted and free to leave.

What are the possible penalties for sexual assault offences?

Sexual assault is classified into different categories based on the level of harm involved. With the help of an experienced sexual assault solicitor, it may be possible to avoid or reduce a prison sentence. It's important to note that each case is unique and assessed based on the facts, but here are some examples (for individuals over 18 years old):

- Category 1: Culpability found may result in a sentence of three to eight years for sexual assault, which may involve factors like abduction, threats of violence, or psychological harm. No culpability may result in four years' imprisonment.

- Category 2: A sentence of one to four years may apply depending on the level of culpability for sexual assault, which may include touching of the alleged victim.

- Category 3: For non-violent sexual assault, if preplanned, detainment for up to one year or high-level community order (with no culpability) may apply.

At McArthur Solicitors, we are dedicated to defending individuals who have been accused of rape and sexual assault. We understand the gravity of these allegations and the serious impact they can have on our clients' lives. Our highly skilled legal team has extensive experience in providing expert representation in rape cases, and we will tirelessly work to protect our clients' rights and defend their interests.

We recognise that rape allegations can cause significant emotional distress and we take a sensitive and tailored approach to each case. We provide our clients with the support and guidance they need through the legal process, and we strive to achieve the best possible outcome in every case. 

At McArthur Solicitors we understand the devastating impact of a rape or sexual assault conviction. You’re bound to be incredibly anxious about the outcome. But you don’t have to face it alone. We have assisted countless clients in the same difficult situation – guiding them step-by-step through the legal process and, defending their case. Our team of skilled criminal defence lawyers understands all the potential defences for rape or sexual assault charges, ensuring no possible angle of defence goes overlooked.

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.

Removal from sex offenders register

If you believe that your inclusion on the sex offender's register is no longer necessary for the protection of the public or particular individuals against sexual harm, you can apply to the police to request your removal from the register. However, it is essential to support your assertion with evidence, demonstrating that the risk of sexual harm is low, and that an indefinite notification will have a significant impact on your life. 

To maximise your chances of a successful application, it is recommended to seek professional assistance from experienced solicitors such as McArthur Solicitors. We can ensure that your application is professionally drafted, covering all the relevant statutory factors which the police are required to consider, such as the seriousness of the original offence, the length of time elapsed since the commission of the offence, and any evidence demonstrating that you do not pose a risk of sexual harm.

Once the application has been submitted, the police will consider your request and communicate their decision in due course. If you need assistance with the application process or require legal representation, McArthur Solicitors can guide you through the process, ensuring that your rights are protected and helping you achieve the best possible outcome.

Obtaining legal advice is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.

Sexual Communication with a Child

The offence is committed when “A person aged 18 or over intentionally communicates with a child under 16, who the adult does not reasonably believe to be 16 or over, if the communication is sexual or if it is intended to encourage the child to make a communication which is sexual.” 

More specifically, it refers to any form of communication—whether verbal, written, or digital—that involves sexual content or grooming behaviour towards a minor. This can include explicit messages, requests for sexual images or videos, or attempts to initiate sexual activity.  

What happens if someone is arrested for sexual communication with a child offences?

If someone is arrested for sexual communication with a child, they will be taken into police custody to be questioned and charged. The police will typically investigate the allegations made against you and may seize your devices such as their phone, computer, tablet or other equipment that could hold evidence related to the offence. The evidence will then be used to build a case against them. If charged, they will be summoned to appear in court for the offence.

What are the possible penalties for sexual communication with a child?

Initially, the court evaluates the “harm” inflicted by the offence, classifying it into category 1 or 2. Category 1 covers exchanges involving sexual media or causing significant psychological distress to the victim, whereas Category 2 involves less severe cases.

Subsequently, the court assesses the offender’s “culpability”. Factors like threats, group offences, or commercial motives fall under culpability A, while less severe cases fall under culpability B.

Based on the determined categories of harm and culpability, the court will establish the starting point for the sentence, which can range from community orders to imprisonment, depending on the severity and recurrence of the offence. That said, the maximum sentence for sexual communication with a child is 2 years in prison. 

Despite all of this, a conviction for sexual communication with a child automatically subjects the individual to the sex offender registry’s notification requirements.

At McArthur Solicitors, we have extensive experience in dealing with accusations of a sexual nature. We acknowledge that being arrested for such allegations can be a daunting experience, particularly for individuals who have never experienced it before. Sexual communication with a child allegations can create a tremendous emotional burden, impacting current relationships, reputation, and even career prospects. We understand the gravity of such issues and are here to provide support throughout the legal process.

Our team of proficient criminal defence lawyers understands all the potential defences for sexual communications with a child charges, ensuring no possible angle of defence goes overlooked.  

Obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.

Sexual Offences Prevention Orders (SOPO)

Sexual Offences Prevention Orders (SOPO) were replaced by Sexual Harm Prevention Orders (SHPO) in March 2015. A SHPO is a legal measure designed to safeguard the public, typically children and vulnerable adults, from individuals deemed to pose a risk of sexual harm. SHPOs fall under Section 103 of the Sexual Offences Act 2003. 

McArthur Solicitors has been providing legal defence services for over twenty-five years to individuals accused of sexual misconduct, including assistance in relation to Sexual Harm Prevention Orders (SHPO). Our team of experienced lawyers specialises in defending individuals against both the imposition of new SHPO orders and in appealing current ones. We believe in ensuring that our clients' version of events is fully heard, and every possible legal avenue is explored to safeguard their rights. Our dedicated defence lawyers will work diligently to protect the interests of our clients and ensure they receive the best possible defence representation.

Obtaining legal advice is crucial. If you would like to discuss any aspect of your case, please email us at enquiries@mcarthursolicitors.co.uk or Contact Us here. Alternatively, you can phone 020 4587 4583.