30/05/24

Client Overjoyed After Being Cleared of Allegations for Sexual Offences

Client Overjoyed After Being Cleared of Allegations for Sexual Offences
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KANGS has successfully defended our 29-year-old client, charged with sexual offences against children under Sections 10 and 15A of the Sexual Offences Act 2003 (‘the Act’).

Helen Holder of KANGS reports on this successful outcome.

The Relevant Law | Sexual Offences Act 2003

The Act provides as follows:

Section 10 - Causing or inciting a child to engage in sexual activity.

A person aged 18 or over commits an offence if that person;

  • intentionally causes or incites another person to engage in an activity where,
  • the activity is sexual, and the other person is,
  • under 16, and the offender does not reasonably believe the other person to be 16 or over, or
  • the other person is under 13.

Section 15A – Sexual communication with a child

A person aged 18 or over commits an offence if—

  • for the purpose of obtaining sexual gratification, that person intentionally communicates with another person where,
  • the communication is sexual or is intended to encourage the other person to make (whether to the offender or to another) a communication that is sexual, and
  • the other person is under 16 and the offender does not reasonably believe that other person to be 16 or over.

For the purposes of this section, a communication is sexual if—

  • any part of it relates to sexual activity, or
  • a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual.

‘Sexual activity’ means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.

Both of the above offences are ‘either way’ offences, meaning they can be dealt with in either the Magistrates’ Court or Crown Court.

Upon conviction:

  • the maximum penalty for the section 10 offence is fourteen years’ imprisonment.
  • the maximum penalty for the section 15A offence is two years’ imprisonment.

Preparation for Trial

Our client vehemently denied that he had committed any sexual offences and, prior to instructing KANGS, he had attended an Interview accompanied by other solicitors.

By way of preparation for his Trial, the Team at KANGS:

  • examined and analysed in full all the Prosecution served evidence,
  • requested disclosure of all unused material including a download of the contents of our client’s mobile phone,
  • attended our client taking his detailed instructions on all the material received from the Prosecution,
  • prepared our client’s detailed Proof of Evidence and Comments on the Prosecution evidence,
  • advised our client in detail upon his position, the appropriate course to adopt for the most effective conduct of his defence,
  • represented our client at Court Hearings,
  • attended Witnesses obtaining their Statements,
  • prepared and served our client’s detailed Defence Case Statement,
  • identified and instructed Counsel most suited to present our client’s defence and attended all requisite conferences with both our client and counsel whilst preparing for trial.

The Successful Outcome

Our client was subjected to two Trials in May 2023 and May 2024, which resulted in his acquittal on all counts.

Naturally, our client was delighted with this highly successful outcome and thankful to have been exonerated of the allegations which he had vehemently denied throughout. He now retains his good character, having no previous convictions, cautions, reprimands or warnings.

Our client stated:

Helen has been fantastic from the first telephone conversation, instructing and advising me where needed and putting everything into simple, layman’s terms for someone who has never been involved in this kind of situation before. This was not just the case for myself, but Helen ensured my partner and family members were reassured and informed where necessary too, which was greatly appreciated.

I once again extend my utmost thanks and appreciation for everything KANGS have done throughout this long process.

Who Can I Contact for Help?

If you are facing allegations under the Sexual Offences Act 2003, contact KANGS to consult with one of our experienced team members. Our nationally recognised Criminal Sexual Offences Defence Team is here to assist you, please contact us using the details below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.

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