Student Sexual Offence & Misconduct Solicitors

Allegations of sexual misconduct can arise from relationships between students, disputes regarding consent, or incidents occurring during social interactions, such as parties and events. Allegations may also arise from digital communications, including text messages, the sharing of intimate images or harassment on social media or other messaging platforms.

Sexual misconduct can include:

• sexual assault and unwanted sexual touching,
• rape,
• other non-consensual sexual activity,
• sharing of intimate images,
• sexual communications,
• allegations involving minors.

The term ‘sexual misconduct’ covers a broad range of verbal, physical and digital conduct.

What Happens When a Student Is Accused of Sexual Misconduct?

There is no straightforward answer to what happens if a student is accused of a sexual offence, as different educational institutions have different regulations and processes for dealing with matters.

The procedure will depend on the student's age and the educational institution involved, as schools, colleges and universities each have their own policies for investigating allegations. However, allegations involving sexual offences must be investigated, and depending on the circumstances, temporary interim measures, including suspension from the institution, may be imposed while the matter is considered.

For universities and colleges registered with the Office for Students, Condition E6 applies to ‘incidents of harassment and/or sexual misconduct’ including ‘student towards student’ allegations. Higher education providers must maintain and publish information that sets out policies and procedures that ensure that investigations are credible and fair and consistent with established principles of natural justice.
 

An Allegation or Complaint

Depending on the circumstances the educational institution may receive a complaint from a student or another person or become aware of circumstances that give it reason to suspect that sexual misconduct may have occurred.

The institution will usually assess the allegation and determine the appropriate procedure. This may involve interviews and the review of documentary and digital evidence, including messages, photographs and social media communications.

The student may be asked to provide an account or attend an investigative meeting. It is important to seek specialist legal advice before responding to serious allegations, particularly where the matter may also give rise to a criminal investigation.

Will the police be involved?

An allegation of sexual misconduct may also amount to a criminal offence, such as sexual assault or rape. In these circumstances, two separate investigations may happen simultaneously, the institutions and a police investigation.

Information provided during the institution’s investigation may be relevant to any subsequent criminal investigation. Students, parents and guardians should therefore seek specialist legal advice before attending any meetings, even if they are said to be "informal conversations", particularly where there is any possibility of police involvement.

How We Can Help

Our criminal defence solicitors provide strategic legal advice and representation for students facing allegations of sexual misconduct or sexual offences. We guide clients through university, college or school investigations, disciplinary proceedings and any associated police investigation, ensuring their rights are protected at every stage.

To assist you in navigating complex investigations, disciplinaries and potential charges, we:

• analyse the allegations in detail and assist in preparing a clear, effective response,
• ensure students understand their rights, the university or college procedures and the options available to them throughout the process,
• provide legal advice designed to protect a student’s position, minimise risk and avoid decisions that could adversely affect their education, future career prospects or any criminal investigation,
• provide representation during voluntary police interviews under caution, ensuring
• provide pre-charge representations to the CPS or Police where allegations are referred for criminal investigation, together with representation in the Magistrates’ Court and in Crown Court proceedings.

We provide compassionate support and expert guidance, helping clients and their family navigate challenging times with confidence. For further information please see our Frequently Asked Questions.