Being charged with a sexual offence - or even facing accusations - is very serious and can have massive implications for you and your loved ones.
There are a number of defences that can be used for varying types of sexual offences.
The list below offers just a brief overview of some of these.
With our team of experienced Sexual Offences Solicitors, Monan Gozzett would advise any individual to seek expert legal advice to discuss specific cases and charges as soon as possible.
Consent
Consent is perhaps the most common defence for sexual assault.
No offence was committed if the defence can prove that any sexual activity was consensual.
Accident
This is a much less common defence.
An offence like sexual touching can be accidental. For example, if a defendant were to walk past someone and accidentally brush their breast. This type of defence can be easily quashed, particularly if the accused has faced previous similar allegations. In this type of case the meticulous gathering of defence evidence is vital to support our client's account.
Alibi
If the accused person has a strong alibi for the time in question (i.e. it can be proved they were in a different location), this could be used as a defence against sexual offences.
Alibis are stronger if witnesses can corroborate them. Our team of sexual offence lawyers are expert and meticulous in gathering defence evidence and leave no stone unturned.
Automatism and Parasomnia
This defence relies on proof that the accused did not act voluntarily. For example, someone may have committed an offence while sleepwalking or due to a medical episode like epilepsy.
Collusion
If it can be proved that witnesses have colluded - or lied - in their evidence, then this can be an effective defence for sexual assault allegations.
Doli incapax
This refers to a child’s capacity to have sex (in legal terms) and is a defence used most commonly in historic sex abuse cases.
Duress
Prosecutors must prove that defendants committed sexual offences voluntarily. If they did so under duress – for example, if they were threatened with grievous bodily harm – then this could be used as a basis for a defence.
Fabrication
The defendant could claim that the person making the sex offence accusation is making it up. If it is proven the allegation is fabricated, there will be no case to face.
Innocent association
This defence would essentially aim to prove that, while the defendant is known to the complainant, their association was purely innocent and not sexual.
Insanity
Insanity – and therefore diminished responsibility - is a common defence for a number of crimes. In relation to sexual offences, it could be used in conjunction with automatism and parasomnia.
Mistake
Ignorance of any country’s laws is not a defence. However, if a defendant mistakenly believes that the complainant’s age is different to the truth, this could be used as a defence for sexual offences. For example, if they believed them to be the UK age of consent.
Ask Monan Gozzett To Defend You Against Sexual Offence Allegations
As mentioned above, these are just a few sexual offence defences available to our expert team of solicitors.
If you are facing any allegations, our team of sexual offence solicitors can work with you to help ensure peace of mind throughout the legal process.
Find out more by contacting our team using the detail below.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.