10/04/24

Not Guilty Verdict | Sexual Assault

Not Guilty Verdict | Sexual Assault
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The Team at KANGS successfully defended a client charged with three counts of sexual assault under section 3 of the Sexual Offences Act 2003 (‘the Act’). Following a six-day trial at Birmingham Crown Court, the Jury unanimously acquitted our client of all counts after only two and a half hours deliberation.

John Veale of KANGS outlines the circumstances and the offence of sexual assault.

Sexual Assault | Sexual Offences Act 2003

Section 3 of the Act states that a person commits an offence if:

  • he intentionally touches another person,
  • where the touching is sexual,
  • the other person does not consent and
  • and he does not reasonably believe that the person being touched consents.

Whether a belief is reasonable is determined having regard to all the circumstances, including any steps taken by the accused to ascertain whether the person being touched consents.

The offence can be tried at the Magistrates’ Court, where a conviction can result in a fine, a prison term not exceeding six months or both or at the Crown Court where a conviction can result in a maximum prison sentence of ten years.

Upon conviction, an offender may be subjected to ancillary orders such as a Sexual Harm Prevention Order or being ordered to sign on to the Sexual Offenders Register.

How We Assisted Our Client

The Police Investigation commenced at the end of 2021 with KANGS being involved from the outset. The Prosecution alleged that our client sexually assaulted the Complainant on numerous occasions over a number of days when the Complainant was living with our client.

Our client vehemently denied sexual assault and had offered the Complainant accommodation and assistance with the intention of helping the Complainant tackle alcohol addiction.

The Complainant was a vulnerable victim and gave evidence by way of video recorded Interview and defence cross-examination. Throughout the Police Investigation and in preparation for Trial, the Team at KANGS:

  • attended Police interviews and initial Court Hearings,
  • attended our client on numerous occasions, taking detailed instructions,
  • examined and considered in detail the evidence served by the Prosecution,
  • examined extensive records kept by our client and advised upon the appropriate course to adopt by way of defence presentation,
  • generally prepared our client’s defence including obtaining Character References supporting our client’s good character,
  • identified and instructed appropriate Kings Counsel to defend our client at court.

Following the Jury’s unanimous acquittal, our client expressed great relief at the outcome and complimented our team stating nothing more could have been done in the pursuit of the outcome achieved.

How to Contact Us

KANGS has been defending clients charged with criminal offences of every nature, including those involving sexual conduct, for many years and enjoys an enviable national reputation for the quality of services provided to clients.

The Team at KANGS understands the importance to clients of receiving robust advice and support from the onset of any investigation into any allegation of criminal conduct, and the pressures that being accused of a crime of a sexual nature can bring in relation to a client’s reputation and relationships.

If you need guidance or support regarding any allegations of criminal conduct, please do not hesitate to reach out to our team using the contact information below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester. Alternatively, we provide initial consultations by telephone or video.

Hamraj Kang

Hamraj Kang
Senior Partner

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Helen Holder

Helen Holder
Partner

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Sukhdip Randhawa

Sukhdip Randhawa
Legal Director

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