Question 1

How long does a child abuse investigation or court case last?

Accepted Answer

There is no set answer as to how long an investigation will last. Allegations where the complainants are still children will generally take priority and be handled more quickly by police and the CPS than historic cases, but this is a trend, not a rule. Cases which are historic will take longer. Child abuse investigations will usually take a minimum of several weeks to resolve, but this is unusual. more typical is a matter of months. If the case is a historic allegation, an investigation can sometimes take more than a year to conclude. None of this takes into account the length of time that a case takes to reach trial if prosecutors make a decision to charge a suspect. Once a person is charged, the case will usually take a minimum of 6 months to reach court.

Question 2

How can I prove my innocence if I am accused of child abuse?

Accepted Answer

Proving that something didn't happen is always difficult, but the law does not require a defendant to prove his or her innocence. It is the prosecution who have to prove 'beyond reasonable doubt' (this means so the jury is sure) that the person is guilty. Unless the jury is sure of guilt, it cannot convict. This means that even if they find the allegation is believable, unless they're sure they do not believe the defendant, they have to judge him or her not guilty.

Question 3

Will I lose my job if I am investigated, charged or convicted for a child sexual offence?

Accepted Answer

Most employers will not dismiss an employee who is suspected of an offence unless that person is charged or convicted. They will often suspend the employee, however, with or without full pay. In certain jobs an employee is under a duty to inform an employer of a criminal case, either because of a term in the contract of employment or because the profession is regulated and rules require it. Advice from an employment lawyer should be obtained if there is any doubt.

Question 4

Can police tell my employer I have been accused of child abuse?

Accepted Answer

The police should only tell your employer you are under investigation if you work in a so-called 'notifiable profession' such as teaching or healthcare which means you have contact with children or vulnerable people, or if there is any risk to the public or yourself if you continue in your job. You are not under a duty to tell the police what your employment is outside a notifiable profession if they do not already know.

Question 5

Will I go to prison if I am convicted of child abuse?

Accepted Answer

Prison sentences are often handed down in child abuse cases, but it is important to recognise the difference between child neglect or assault and child sexual abuse. Where there is a sexual element the chances of a prison sentence are higher.

Question 6

Will I go on the sex offenders' register for a child abuse case?

Accepted Answer

You will not go on the sex offenders' register unless the case has a sexual element, for example, assault by touching, rape, grooming offences etc. The sex offenders' register is not usually made publicly available. It is a way of police knowing what your current address is, which in most cases they can work out fairly easily anyway.

Question 7

Will I get my phone or computer back if I have been arrested for child abuse? When will this happen?

Accepted Answer

It is common in cases where child abuse is alleged for computers, tablets, hard drives or other devices such as smartphones to be seized. Analysing those devices usually takes several months. If anything incriminating is found on them, it is unlikely they will be returned at all. If the police say that phone etc will be returned in a few days, this is sadly usually a lie.

Question 8

Does it make me look guilty to have a lawyer in a child abuse case?

Accepted Answer

Having a lawyer with you while you are facing an investigation is not just your right, it is also completely normal. Most people accused of serious offences have a lawyer with them, including innocent people, and police know this. Interetsingly, if a police officer is ever accused of a criminal offence, it is almost unheard of that he or she will not be represented by a specialist lawyer.

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