Sexual offences law
Sexual offences are principally governed by the Sexual Offences Act 2003, which replaced much of the older law. The Act defines rape, assault by penetration, sexual assault, and causing sexual activity, alongside a range of offences concerning position of trust, exploitation, and consent. Consent is central to many of these offences, and the Act defines circumstances in which consent is presumed absent.
Consent, for the purposes of the Act, is agreement by choice with the freedom and capacity to make that choice. The prosecution must prove the absence of consent and, for most offences, the absence of a reasonable belief in consent. These twin requirements shape the structure of almost every contested sexual offence case.
Common offences
- Rape and assault by penetration (ss.1–2)
- Sexual assault (s.3)
- Causing or inciting sexual activity (ss.4–5)
- Causing sexual activity without consent
- Offences involving abuse of position of trust (ss.16–24)
How we defend sexual offence allegations
- Early, confidential advice from the point of allegation or arrest
- Analysis of complainant accounts and inconsistencies
- Phone, digital, and third-party disclosure applications
- Expert evidence on forensics, psychology, and delayed complaint
- Sensitive cross-examination in line with section 41 rules
- Robust defence of those wrongly accused
Consent and reasonable belief
For many offences the prosecution must prove the absence of consent and the absence of a reasonable belief in consent. A defendant’s belief in consent must be reasonable — a mistaken belief is not a defence if it arose from self-induced intoxication or recklessness. We examine the evidence on consent and belief carefully and present the defence fully.
Whether a belief in consent was reasonable is judged on all the circumstances, including any steps taken to ascertain consent. Where the issue is capacity, freedom, or the surrounding context, we build the evidence that supports a reasonable belief — and we test the prosecution’s case on what was actually known and done.
Procedure, anonymity and special measures
Sexual offence cases are governed by special procedural rules. Complainants have automatic lifelong anonymity; the admissibility of previous sexual history is restricted by s.41 of the Youth Justice and Criminal Evidence Act 1999; and special measures (such as screens or video link) are routinely available to complainants.
These protections shape how a defence is conducted. We prepare within the rules — using proper routes to challenge evidence, making focused s.41 applications where genuinely relevant, and ensuring the defence is robust without ever being oppressive. Discretion and discipline are essential, and they are the hallmark of specialist representation.
Frequently asked questions
Yes. These cases involve specific procedural rules — including special measures, the admissibility of previous sexual history (s.41), and anonymity provisions — alongside significant reputational and sentencing consequences. Specialist representation protects your position and your rights from the outset.
Sentences vary widely — from community orders for less serious offences to life imprisonment for rape. The Sentencing Council Sexual Offences Guideline applies factors including harm, culpability, abuse of trust, and vulnerability of the complainant. We mitigate by placing you in the correct category and presenting all relevant personal mitigation.
In principle yes — the jury can convict on a single witness’s evidence if satisfied beyond reasonable doubt. However, the court will scrutinise that evidence carefully, and inconsistency, delay, and corroboration all matter. We test the evidence thoroughly while remaining sensitive to the complainant.
Complainants have automatic lifelong anonymity. Defendants do not have automatic anonymity, and the press can report your name and the charge once proceedings begin, subject to any reporting restrictions the court imposes. We advise on what protection may be available and how to manage reputational consequences.
Consent is agreement by choice, with the freedom and capacity to make that choice. The prosecution must prove the absence of consent and, for most offences, the absence of a reasonable belief in consent. We examine the evidence on both issues, including the surrounding circumstances and the complainant’s capacity and freedom to consent.
Only in very limited circumstances. Section 41 of the Youth Justice and Criminal Evidence Act 1999 restricts the admissibility of a complainant’s previous sexual history, requiring a specific application and judicial leave. We make focused s.41 applications where genuinely relevant and ensure the defence is robust within the rules.