Rape in an offence defined as, involvement of sexual penetration of any part of the body can apply to both heterosexual or same sex sexual activity. Rape cases can involve numerous factors. These factors can include whether consent could be given if the victim was intoxicated, was asleep, has mental health conditions or was on medication. The age of consent, regardless of sexual orientation, is 16.
Sentences for rape can involve life imprisonment. This is why is it crucial to seek legal advice from SKR Legal Solicitors at the earliest stage of the allegation. It is important to realise that the early stages of a rape investigation can be heavily vital to the final result. It can be easy for the defendant to make misjudgements and errors when dealing with the authorities or the police force, this may be due to the intensity of the situation.
SKR Legal advises those facing rape allegations to uphold their right to remain silent until a criminal defence solicitor has arrived at the police station for interview. This is because statements made in the early stages of a rape inquiry may have a substantial effect on the outcome assuming the case goes to trial.
The term indecent assault is a term that is used to cover a range of sexual offences or sexual assault. Indecent assault involves any sexual offence that does not involve rape, or inciting sexual activity without consent involving penetration. Indecent assault can involve both heterosexual or same sex sexual activity. It described when an individual is forced into sexual contact or activity against their will. This includes another individual touching them intimately.
Sentencing for indecent assault depends on the seriousness of the offence. In some cases, the victim may be underage, a child, elderly or vulnerable and this may lead to a harsher sentencing.
An allegation of indecent assault requires a specialist solicitor to advise on the charges and prepare the case for the defense. A conviction for indecent assault relies on whether a reasonable person would believe an activity to be indecent, even if the defendant thinks otherwise.
Witness statements and forensic evidence will be pivotal to proving the allegations of indecent assault. This is why we believe it is vital for you to contact SKR Legal Solicitors at an early stage of the investigation to help prevent errors and misjudgments, which may affect case should it go to trial.
Sometimes, individuals may be wrongly accused and we understand that this may have financial, social and emotional implications. This is why we strongly urge to seek legal advice as early as possible. Although advised to seek legal assistance in the early stages of the case, SKR Legal offer assistance in any stage of the case.
Assault by Penetration
Assault by penetration of the rectum or vagina without consent is prosecuted under the sexual offences act 2003. It is also prosecuted under the same sentencing guidelines as rape. This means that an individual convicted with assault by penetration can receive up to a life sentence in prison. This type of offence is dealt with in the Crown Court.
There are three main issues that individuals accused of this offence tend to dispute, they are as followed:
• That they have committed the act at all.
• That the motivation was sexual.
• That the alleged victim was not consenting.
The rules relating to whether or not the victim was consenting to this act often relates to the circumstances surrounding the incident. It is vital that the individual seeks legal advice from a solicitor to allow for the best possible defence to be launched.
Sexual Assault (by touching) is deemed a very serious criminal offence. If an individual is accused of sexual assault, the prosecution must prove that the individual:
1. Has intentionally touched another person,
2. That the touching is sexual,
3. That the other person did not consent to the individual touching them and the individual did not reasonably believe that the other person was consenting.
The offence of sexual touching is an either way offence. An either way offence is an offence that can be heard by either the Magistrates Court or the Crown Court. However, due to the extremely complex nature of the evidence provided in such cases, most if not all of these cases are heard before the Crown Court. The maximum sentence imposed for this offence is 10 years’ imprisonment, assuming the victim is aged 13 or over.
Here at SKR Legal Solicitors we understand that allegations of sexual touching can have devastating social, economic and emotional implications. Defending such a case involves the collation of witness statements and forensic evidence. It is important to seek legal advice from SKR Legal Solicitors as early as possible. This may mean even if you believe there is a likelihood of a police interview under caution. SKR Legal advises that any individual always upholds their right to remain silent until somebody from our criminal defence team arrives at the police station to advise them on the charges.
Frequently Asked Questions (FAQs)
What is Legal Aid?
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before trial, the right to counsel and the right to a fair trial. We currently offer Legal Aid for Criminal Defence matters.
How do I know if I am eligible for Legal Aid?
This is dependent on the type of case and also your financial circumstances. To know whether you are eligible for legal aid, please do not hesitate to contact us and we will be able to further assist you.
Do I have to pay for my initial consultation?
Our initial legal consultation (for up to 20 minutes) is completely free of charge and no obligation is required.
How can I get in contact with someone in the firm?
The best way to get in contact with the firm is by contacting us via our main telephone line, which remains open from 9AM to 5PM weekdays. Alternatively, you can contact us on our emergency line which is active during non-working hours.
Do I pay for my police station representation?
This is dependent on if you are eligible for legal aid. In cases where we cannot provide legal aid due to you not being eligible, we can offer a fixed competitive rate.
In the UK there are different immigration rules for students, spouses or Foreign Office workers and au pairs. The rules also Vary depending on its to whether the individual wants to live in the UK on a temporary or permanent basis.
From the very beginning by representation at a police station to presenting a case to the Court of Appeal we are motivated by the same goal, to achieve the best possible outcome for our clients.