Historic Sexual Offences Solicitors
Specialist Historic Sexual Abuse Defence Solicitors
Falsely Accused of a Historic Sexual Offence
Facing accusations of historic sexual offences can be completely overwhelming.
Historic allegations often present evidential difficulties for both the prosecution and the defence because physical and forensic evidence is almost universally absent in historic cases, the prosecution relies heavily on the complainant's uncorroborated memory.
An accusation does not automatically mean a person is guilty.
Our solicitors regularly represent clients who have been falsely accused and maintain their innocence and who require immediate advice following an allegation:
- we carefully examine every aspect of the evidence,
- identify inconsistencies.
- ensure that all available material capable of assisting the defence is obtained and reviewed.
How do you defend a Historic Sexual Offence allegation?
Allegations of historic sexual offences require a highly strategic and considered approach, distinct from many other forms of criminal investigation.
Where complaints arise many years after the alleged events, careful consideration must be given to the reasons for the delay and the impact this may have on the reliability and integrity of the evidence.
We conduct a detailed review of all available evidence, including:
- all witness and corroborative evidence, recognising that recollection may be affected by the passage of time,
- examining witness accounts for inconsistencies, inaccuracies or changes,
- evidence from third-party witnesses,
- similar fact evidence and its admissibility, and
- any material capable of undermining the prosecution case or assisting the defence.
Where appropriate, pre-charge representations may be made to the police or Crown Prosecution Service (CPS) at the pre-charge stage, with the objective of preventing proceedings from being pursued.
Should the matter proceed to court, we work alongside leading King’s Counsel to ensure that the strongest possible defence is presented.
We appreciate that every case is different. Our role is to analyse the allegation in detail, identify evidential weaknesses and protect your position at every stage of the investigation and any subsequent proceedings.
We offer an in-depth initial consultation to understand your situation and provide you with clear, actionable advice on the best path forward. Let our experienced defence solicitors provide you with the legal expertise to protect your rights and your future.
For further information regarding allegations of historic sexual abuse, please see our Frequently Asked Questions.
Testimonials
Historic Sexual Offences FAQs
I have been asked to attend a voluntary police interview about a past allegation
You should never attend a voluntary interview without expert legal representation. A voluntary interview is a formal interview conducted under caution, the contents of which are recorded and may be relied upon as evidence in court.
It is not an informal discussion.
By instructing KANGS, we will seek full pre‑interview disclosure from the police, enabling us to provide clear, strategic advice on how best to proceed, including whether to answer questions or submit a prepared statement.
How can KANGS help?
Our team of specialist solicitors provide the following services:
- Initial Consultation and Legal Advice: Confidential consultation to discuss the case details, provide an initial assessment and advise on legal rights and options.
- Police interviews: representation during police interviews, ensuring our client's rights are protected.
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- Representation at a voluntary interview under caution
- Representation at an interview under caution following arrest
- Preparation of pre-charge representations to the CPS or Police
- Representation in Magistrates’ Court and Crown Court proceedings
- Recommendations on selecting a barrister or King's Counsel (KC), as the cross-examination of the complainant and other prosecution witnesses often plays a pivotal role in court proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
What is a historic sex offence?
Historic sexual offences usually involve allegations that go back a number of years and are governed by two separate Acts of Parliament. Any sexual offence alleged to have been committed between 1957 and 1 May 2004 will be prosecuted under the Sexual Offences Act 1956.
On 1st May 2004 the Sexual Offences Act 2003 came into effect. So, any sexual offence that occurred on or after this date will be dealt with under the 2003 Act.
These offences are typically dealt with under the laws that were in place at the time they allegedly occurred, often under the Sexual Offences Act 1956, although there are exceptions.
What are the sentences for historic sex offences?
Attitudes towards sexual offences have evolved over time along with the law and sentencing guidelines. There is an argument that sentences should reflect the guidelines that were in effect at the time the offence was committed. However, some see this approach as controversial.
Those that oppose applying outdated sentencing guidelines argue that it fails to account for the evolving understanding of the impact of such crimes on victims. On the other hand, applying modern guidelines to past offences raises concerns about fairness and potential retroactive punishment.
As an example, under the Sexual Offences Act 1956, the offence of intercourse with a girl aged between 13 and 16 carried a maximum penalty of 2 years imprisonment. In contrast, under the Sexual Offences Act 2003, the maximum sentence for the same offence is 14 years, and if the child is under 13, the sentence can be life imprisonment.
What types of historic sexual offences might a person face charges for?
Sexual Offences Act 1956
- Intercourse by force, intimidation, etc.
- Rape of woman or man.
- Procurement of woman by threats.
- Procurement of woman by false pretences.
- Administering drugs to obtain or facilitate intercourse.
- Intercourse with girls under sixteen
- Intercourse with girl under thirteen.
- Intercourse with girl between thirteen and sixteen.
- Intercourse with defective.
- Incest
- Incest by a man.
- Incest by a woman.
- Unnatural offences
- Buggery.
- Indecency between men.
- Assaults
- Indecent assault on a woman.
- Indecent assault on a man.
- Assault with intent to commit buggery.
- Prostitution, procuration etc.
- Causing prostitution of women.
- Procuration of girl under twenty-one.
- Detention of woman in brothel or other premises.
- Permitting girl under thirteen to use premises for intercourse.
- Permitting girl between thirteen and sixteen to use premises for intercourse.
- Permitting defective to use premises for intercourse.
- Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen.
- Causing or encouraging prostitution of defective.
- Man living on earnings of prostitution.
- Woman exercising control over prostitute.
What is involved when investigating historic sex offences?
Investigating historical sex offences involves several steps and numerous considerations, including gathering evidence, interviewing complainants and witnesses, and collaborating with forensic experts.
Bringing charges for historic sexual offences presents several challenges. While modern technology, such as DNA analysis and digital forensics aids investigations, issues like the lack of physical evidence, faded memories and difficulty locating witnesses still pose significant obstacles.
When investigating a historical sexual offence, the police and Crown Prosecution Service (CPS) will often seek evidence to support the complainant's account of what took place and when. As previously mentioned, finding physical records is often rare. Therefore, investigations typically focus on identifying potential records from places like schools or hospitals that could corroborate the complainant’s account or on uncovering other possible complainants.
As part of the investigation, a defendant’s home might be searched for evidence, including the removal of electronic devices for analysis. They may be arrested or asked to come to the police station for an interview. The defendant has the right to have a solicitor present during questioning to ensure their rights are protected.
Who should I contact for advice and help if accused of historic sex offences?
It is imperative for a client to instruct an experienced solicitor as soon as being made aware of an allegation being made.
Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.
Please contact us for advice and assistance.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
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