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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Sexual Assault

    The Legislation

    Section 3 of the Sexual Offences Act 2003 defines the offence of sexual assault as:

    (1) A person (A) commits an offence if—

    (a) he intentionally touches another person (B),
    (b) the touching is sexual,
    (c) B does not consent to the touching, and
    (d) A does not reasonably believe that B consents.

    (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including, any steps A has taken to ascertain whether B consents.

    What Does The Offence Involve?

    • The offence covers intentional touching.
    • If the touching is accidental, no offence will have been committed.
    • The touching can be to any part of the body and with any part of the body or with anything else.
    • It also does not have to have been to the skin. The offence can be committed over clothing.
    • The offence can be committed by a man or a woman.
    • The issue in relation to whether the touching was sexual, in accordance with the section 2 offence of assault by penetration, will be for the jury to decide having heard all the facts of the case.
    • The issues surrounding consent apply equally as they do to the offence of rape, which you can read about here.

    The Court Procedure

    The offence of sexual assault is an either way offence which can be dealt with in the Magistrates’ Court or the Crown Court.

    The maximum sentence for sexual assault is 10 years imprisonment.

    A number of matters will be taken into account when sentencing an individual convicted of this offence such as:

    • the nature of the touching
    • the effect or vulnerability of the victim
    • the offender’s previous convictions.

    Further details in relation to sentencing guidelines for sexual offences can be found here.

    Who Can I Contact For Advice & Help?

    It is imperative that you instruct an experienced solicitor as soon as you are 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.

    To discuss an allegation of sexual assault in further detail contact:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    Helen Holder
    hholder@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

    Fran Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521210

    Cagin Husnu
    chusnu@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

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