Sexual Offences FAQs

Sexual Offences FAQs

Being accused of a sexual offence can be devastating. Many people in this position feel embarrassed, ashamed, and frightened. For most of my clients, the thought of prison is their biggest fear, and they are thinking about this long before any evidence has been examined or decisions made.

For professionals and students, the risks spread beyond the criminal process. Careers, studies, and reputations can be destroyed by an allegation alone. Employers, regulators, and universities may act quickly, often before the courts do. This can leave you isolated, vulnerable, and unsure of who to trust.

In England and Wales, sexual offences are treated with the utmost seriousness. That is why it is vital to seek advice from a specialist Sexual Offences Solicitor as early as possible. I promise, a Solicitor is there to support and help you. They will not judge, and their sole focus is providing you with the best defence possible given the facts of your case.

What is a sexual offence?

The Sexual Offences Act 2003 is the main legislation covering sexual offences in England and Wales. It includes serious charges such as:

• Rape

• Assault by penetration

• Sexual assault

• Offences against children

• Image-based offences, such as distributing private sexual images without consent

These offences are judged not only on physical acts but also on intention, whether there was consent, and whether the complainant had the capacity to consent. Even where no physical contact occurs, certain acts, such as online image sharing, can still amount to a sexual offence.

What is the legal definition of consent?

Consent is central to sexual offence law. Under section 74 of the Sexual Offences Act 2003, it means agreement by choice, with the freedom and capacity to make that choice.

This requires both willingness and the ability to decide freely. Someone who is intoxicated, coerced, threatened, or under the age of 16 cannot legally consent. Silence, passivity, or “not saying no” does not equal consent.

What should I do if I am accused of a sexual offence?

The most important step is to speak to a Sexual Offences Solicitor immediately.

Never, ever try to explain yourself to the police, your employer, or your university before getting legal advice.

Even well-intentioned comments can harm your case.

Your solicitor will guide you on whether to answer police questions, make a prepared statement, or remain silent. The right strategy depends on the facts of your case and the evidence the police, your employer, or university has against you.

Preserve any evidence that may support your defence. This might include text messages, emails, or social media records. Do not delete or alter anything; it may prove crucial later.

Will I be arrested straight away?

Not always. In some situations, the police will arrest you immediately, especially if they believe you are a risk to others, might flee, or may interfere with evidence.

In other cases, they may ask you to attend a voluntary interview under caution. While less intimidating than an arrest, it carries the same weight. What you say in that interview can shape the entire case.

Always have a Sexual Offences Solicitor attend an interview under caution with you.

If arrested, you may be released on bail with conditions, such as avoiding contact with the complainant. These restrictions can affect your daily life, so it is essential to understand them fully and comply with them.

What happens during a police interview?

A police interview is always conducted under caution. This means anything you say can be used in evidence against you.

You have the right to remain silent, but under the Criminal Justice and Public Order Act 1994, courts can sometimes draw “adverse inferences” from not answering. Your solicitor will explain the risks and help you decide on the best approach.

Having a solicitor present ensures your rights are protected and the police questioning is fair. Many people underestimate how stressful interviews can be, especially if they have never been in trouble with the police before. Preparation and support from a Sexual Offence Solicitor can make a significant difference.

Can I be named publicly if I’m under investigation?

This is one of the most frightening aspects for many people. Unlike complainants, suspects do not have automatic anonymity. The police or media may release your name, even before any charge is brought.

While police guidance encourages caution, leaks and publicity do happen. Being named publicly can damage reputations instantly, especially for professionals or students.

A solicitor can advise on steps to protect your privacy and may work with media specialists to limit exposure. If reputation is a concern, it is crucial to seek legal advice immediately.

What are the possible outcomes after an investigation?

There are several possible results after a police investigation:

• No Further Action (NFA): The case does not proceed.

• Charge: The case goes to court.

• Out-of-court disposal: Such as a caution, for less serious matters.

The Crown Prosecution Service (CPS) decides whether to charge, based on whether the evidence is strong enough and whether a prosecution is in the public interest.

A proactive, experienced Criminal Law Solicitor can make representations to the CPS, highlighting weaknesses in the evidence and sometimes preventing a charge from being made.

What are the sentencing guidelines if convicted?

Sentencing depends on the nature of the offence. Penalties range from community orders to long custodial sentences, especially for rape or offences involving children.

Judges follow the Sentencing Council guidelines, which take into account aggravating factors such as abuse of trust, planning, or targeting a vulnerable person. Mitigating factors include previous good character and genuine remorse.

Additional consequences are common, such as being placed on the Sex Offender Register or made subject to a Sexual Harm Prevention Order. These can have long-term effects on work, relationships, and personal freedom.

How will this affect my career or professional standing?

Even before trial, allegations can affect your work or studies. Employers may suspend you, and professional regulators such as the General Medical Council (for doctors) or the Solicitors Regulation Authority (for solicitors) may open their own investigations.

Universities often run their own disciplinary processes, which can result in suspension or expulsion, regardless of the outcome in court.

Confidential, specialist advice is essential if you are a professional or student. A solicitor can help manage both the criminal case and the parallel risks to your career or education.

Wrapping up

Allegations of sexual offences are among the most serious challenges a person can face. They bring fear of prison, reputational damage, and emotional strain that affects every part of life.

The good news is that the law requires a high standard of proof before conviction, and skilled defence solicitors know how to challenge the evidence and build strong cases.

If you are accused of committing a sexual offence, you do not face it alone. Seek immediate advice from a Sexual Offences Solicitor who can protect your rights, defend your case, and help safeguard your future.

Author bio

Dev Jummoodoo is the co-founder and partner at Rosewood Solicitors.  After gaining his Higher Rights in 2011, he has regularly conducted criminal trials at both the Magistrates’ Court and Crown Court as well as Family law matters.