Following intervention by the Attorney General, Suella Braverman QC., following a decision reached at a Trial at Teesside Crown Court, the Court of Appeal has clarified the evidential requirements to be proven by the Prosecution against a defendant charged with allegations of sexual assault.

Kangs Solicitors has a proven track record spanning more than twenty years successfully representing clients accused of criminal conduct of all types including those of a sexual nature. 

We are recognised as one of the leading defence firms in the country, we are top ranked in Band 1 and Tier 1 of our work in this area by both the leading legal directories, Chambers & Partners and the Legal 500.

We appreciate the strain on individuals and their families when facing allegations of a sexual nature and we are here to assist in the face of such difficulties and pressures. 

Our team can be contacted for confidential and discreet advice as follows:

The Clarification Required | Kangs Sexual Offences Defence Solicitors

Following a trial at Teesside Crown Court, the Defendant, who had kissed a stranger on the lips, was acquitted of sexual assault.        

The Defendant maintained that the female he had kissed had been the subject of derogatory remarks and he had kissed her simply to show support for her.              

Counsel for the Defendant successfully argued that the touching was not sexual as the Defendant had not intended it to be.

The Attorney General felt that clarification of the position was required and referred the matter to the Court of Appeal.

The Court of Appeal Decision | Kangs Sexual Assault Defence Solicitors

The Court of Appeal decided and has now made it clear that:

  • prosecutors do not need to prove that a defendant’s conduct was motivated by sexual gratification, to prove sexual assault,    
  • it is only necessary to show that the defendant’s act would be regarded as sexual in nature in the eyes of a ‘reasonable person’, in all the circumstances.

Accordingly, this ruling clarifies that sexual intent is not an additional element of sexual assault under Section 78(b) of The Sexual Offences Act 2005. It suffices that the Defendant touched a person without their consent and that the touching was sexual.

The Attorney General commented following the Judgement:

‘in my role as Guardian of the public interests, I argued that an assault did not need to be intended to be sexual to amount to sexual assault. I welcome the Court of Appeal’s judgement which will provide greater clarity for future cases – especially for victims of sexual assault’. 

How Can We Help? | Kangs Sexual Allegations Defence Solicitors

We understand that allegations of a serious nature have a serious impact upon both the mental well being of our clients, their relationships with others and there may be potential for reputational damage leading to adverse impact on employment prospects and/or business opportunities.

Our team is available to assist by way of our 24/7 emergency number in respect of any situation whether at a police station, Magistrates’ Court or Crown Court.

We welcome enquires by telephone or email.

We can provide an initial consultation from our offices in London, Birmingham or Manchester.

Alternatively, we provide initial consultation by telephone or video conferencing.

Contact:

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

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 0161 817 5020

Amandeep Murria
amurria@kangssolicitors.co.uk
0161 817 5020 | 020 7936 6396