Question 1

What are historic sexual offence allegations?

Accepted Answer

A historic sexual offence allegation is an allegation of an offence which the complainant says took place some time ago and which he or she did not go to the police about at the time. The police complaint will usually have been made in the days or weeks before the suspect was contacted.

Question 2

Will I go to prison for a historic sexual offence?

Accepted Answer

Historic sexual offences cover a wide range of activity. One the one hand a historic offence could be an allegation of two children having sexual contact with each other decades ago, or alternatively something much more serious like an older person sexually assaulting a child. If decades have passed since the allegation took place, this can sometimes result in lesser sentences. Courts will also often take into account the age of the defendant.

Question 3

How can I prove that a historic sexual allegation is false?

Accepted Answer

Many people think that if somebody accuses them of a criminal offence then that means they have to come up with proof that the accuser is lying. Actually, in UK law you are innocent until proven guilty. This means that the prosecution has to prove the case to a very high standard, sometimes called ‘beyond reasonable doubt’. You don’t have to prove that you’re innocent. If the jury is not completely sure that you are guilty they have to find you not guilty. In a historic sexual allegation case, this usually means that if it’s one persons word against the other, and provided the defendant is represented by good lawyers, the result ends up being a not guilty verdict or the case not even going to court.

Question 4

Will social services be involved if I am accused of a historic sexual offence?

Accepted Answer

If you are accused of a sexual offence, especially one against a child, you may be contacted by social services if you yourself also have children at home or have contact with children. Social services won’t usually expect you to have no contact with any children in your family, but they will expect contact to be supervised, either by another family member or by social services themselves. It’s less likely while the case is going on (if it involves an allegation against children) that they will allow a parent to live in a home with children who are minors.

Question 5

How long do historic sexual allegation cases last?

Accepted Answer

There are two parts to a historic sexual allegation case. The first is the investigation stage. This is where the police gather evidence, carry out suspect interviews, and prepare the file for the Crown Prosecution Service to make a decision about whether to charge. Charge means a decision to take the case to court. From the initial police interview up to a charging decision made by the prosecution usually takes several months, sometimes more than a year. The second part of a historic sexual allegation case is the court proceedings. When somebody is told they are going to be charged the case first goes to a Magistrates’ court, with a court date within a few weeks. There is a plea hearing in the Crown Court one month later, and a trial date usually between six months and a year after that. The trial itself will usually last between one and two weeks.

Question 6

Is there a statute of limitations for sexual offences in the UK?

Accepted Answer

In the UK, specifically in the law of England and Wales, there is no statute of limitations that prevents somebody been prosecuted for rape or any other sexual offence after a certain number of years. Such laws exist in United States, but there is no similar legal situation in the UK. However, in some cases it can be argued that were 20 or 30 or more years have passed a defendant is under major difficulties to defend him or herself because memories fade, witnesses may die, or other evidence may be impossible to obtain. This does not mean that cases are stopped from proceeding, although this may happen. In many cases, a judge may simply warn the jury about the disadvantages that the defendant has and tell them they should factor this into their decision.

Question 7

I’ve been asked to go to the police station for a chat about an alleged historic sexual offence. Is this an interview?

Accepted Answer

If a police officer ever contacts you and asks you to come in ‘for a chat’ or ‘to clear something up’ about an allegation that’s been made, this nearly always means that you are a suspect in a criminal case and that officer wishes to interview you formally under police caution. Phrases from the officer like ‘hear your side of the story’ should be an immediate warning that you are a criminal suspect. An officer cannot conduct an interview under caution unless they already have taken the view that they reasonably suspect you to be guilty of an offence or offences. If you receive that cool and I’m not sure, simply asking is this an interview under caution will tell you all you need to know. In this situation you should only go into a police station with a lawyer that you have selected in advance, and that you know is a specialist in historic sexual offences cases. Do not think that the situation is less concerning because the officer says the interview is voluntary. Nearly all interviews are voluntary where there is no threat from the suspect of immediate violence or immediate danger of further offences, or where property searches by police are not necessary.

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