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That the alleged act occurred

That the defendant committed the act without consent

That the defendant did not reasonably believe there was consent

The Law



Relevant Legislation:

  • Sexual Offences Act 2003

  • Common law provisions relating to sexual assault and abuse

Maximum Penalties:

  • Rape: life imprisonment

  • Sexual assault: up to 10 years’ imprisonment depending on the offence

Key Legal Definitions:

  • Consent: freely given, informed, and capable of being withdrawn

  • Historical allegation: an offence reported long after the alleged incident

Historical Sexual Offence Claims

Historical sexual offence claims involve allegations of sexual crimes that are reported long after the incident occurred, sometimes years or decades later.
Early legal advice is critical to preserve evidence, protect your rights, and ensure a fair investigation.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Immediate legal advice and support at all stages

  • Thorough review of historical evidence, communications, and witness statements

  • Challenge credibility, reliability, and procedural compliance

  • Experienced representation in Magistrates’ or Crown Court

  • Tailored defence strategy to achieve the best possible outcome

Common Evidence Used in These Cases

  • Victim statements and witness testimony

  • Historical records, diaries, or communications

  • Expert testimony on memory reliability

  • Any available forensic or corroborating evidence

Common Problems in Prosecution Cases

  • Difficulty in proving events that occurred long ago

  • Reliance on memory and credibility of witnesses

  • Limited forensic evidence due to passage of time

  • Disclosure failures under CPIA

  • Misinterpretation of historical documents or communications

Potential Defences

  • False or mistaken allegations

  • Lack of reliable evidence due to time elapsed

  • Alibi or other credible evidence contradicting the claim

  • Procedural errors in police investigation or evidence collection

Sentencing and Possible Outcomes

  • Custodial sentences are possible depending on the severity

  • Early guilty plea or cooperation may mitigate penalties if convicted

  • The passage of time can affect evidence and defence strategy

  • Effective representation can challenge reliability and protect rights

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our team of lawyers have extensive 25+ years experience in all aspects of Criminal Defence and Family Law matters.

Success Rate


We are proud of our strong record in achieving favourable outcomes across London, Birmingham, Manchester, and the wider UK, from serious criminal cases to sensitive family law matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Get Legal Advice in Minutes

Speak to a Defence Solicitor Now

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