SEXUAL OFFENCES – THE DEFENCE PERSPECTIVE

Every year Mortons Solicitors are instructed for an increasing number of sexual offences. Whether it be as duty solicitors at the police station, or an instruction following a recommendation, Mortons Solicitors act robustly, diligently and discreetly throughout every stage of the criminal investigation and proceedings.

Sexual offences are a highly specialised area of criminal law requiring specialist criminal defence solicitors and in the Crown Court, a specialist criminal barrister/advocate too. In these cases legal representation is imperative from the outset.

INVESTIGATION STAGE

Mortons Solicitors represent clients for sexual offences every single day. It is bit hard for most people to imagine, but then again, most people never expected to need a criminal solicitor, nevermind a specialist sexual offence defence solicitor. Without warning they have been arrested or invited into the police station for an interview and perhaps not appreciating legal trouble coming their way. Mortons Solicitors deal with historical cases over 60 years old or recent cases that may have been alleged to have occured hours beforehand.

When To Seek Legal Representation

Too often we are instructed by clients who made the mistake of thinking because they deny the allegation they don’t need legal representation or because they are embarrassed due to the nature of the allegation. Often its not until it’s too late, after the initial interview. Two of the most important aspects of a legal advisors task at the police station is to make representations to the officer about how the investigation should proceed and secondly to make sure any critical information is passed to police as earlier as possible.

Innocent Until Proven Guilty

Until someone is convicted, everyone is treated as ‘innocent until proven guilty’, however one aspect they all have in common, innocent or guilty they are about to go through one of the most traumatic and distressing periods in their lives. Not the interview process itself, but the realisation/discovery that the process is likely to take 3, 6, 12 even 18 months before a final decision may be reached.

Reasons for the delays include;

– Record allegations both recent and historical in nature
– Insufficient resources of the Specialist Police to investigate
– Insufficient resources of Crown Prosecution Service to make prosecution decisions
– Backlogs with forensic laboratories

Even if the defendant denies and can factually rebut the allegation, through no fault of their own, they are often left with the same myriad of questions every time their bail is extended again, again and again.

– What is happening with their case?
– What can they do in the meantime to prove their innocence?
– Will they be charged?
– If/When the allegation proves false is their anything one can do?

Mortons Solicitors don’t just advise clients whilst at the police station, but make themselves available by telephone to try to answer these questions. It is important to note legal aid only covers advice whilst at the police station. Many clients however still wish for an appointment or telephone conference to discuss aspects of their case.

RAPE MYTHS & RAPE MYTH MYTHS

We are regularly asked about rape myths and rape myth myths and how it affects cases. There are special rules that apply sometimes exclusively to sex cases which is why it is important to instruct a defence team who have the experience of conducting serious sexual offence trials whilst having the knowledge to avoid the pitfalls.

WHAT CAN YOUR CRIMINAL SOLICITORS DO?

At an early stage we contact the police to advise them of our instruction and to seek information as to the status and progress of the investigation. We have been able to provide the police with copies of documents, even in advance of an interview such as travel documents, diarys, bank statements etc. Whenever the police want to speak to someone as a suspect we can liaise with the Officers in the Case to arrange a convenient time for a (re-)interview.

Even if the defendant has already been interviewed, we can still make formal representation regarding the bail conditions, about charges and the charging standard for prosecuting cases including the Code For Crown Prosecutors. Sometimes it is not possible to do anything but wait, but we are here to answer questions when they arise and help you through this difficult period.

We seek to protect not only your liberty, but also limit the stress/anxiety of the police investigation and criminal proceedings. But also from adverse publicity, and with the risk of conviction, the damage to reputation, loss of employment, effect on family life and being placed on the Sex Offenders Register.