Active Defence: Historic Sexual Offence Allegations

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The situation

Police arrested the defendant following disclosures made by the complainants and their mother. The victims alleged a course of conduct involving sexual abuse and inappropriate touching starting from a young age.

The prosecution case relies on the testimony of the complainants, who stated they did not have the courage to report the abuse until adulthood. The defendant was identified as the sole perpetrator. The proceedings have been complex, involving sensitive cross-examination regarding events that allegedly took place many years ago.

The charges

The defendant faces a significant 12-count indictment involving historic familial allegations. The charges span a period dating back to the complainants' childhood (from age 5) and include:

Multiple Counts: Rape.Multiple Counts: Sexual Assault (Touching).Count 7: Causing or inciting a child to engage in sexual activity.

The allegations are extremely serious, involving claims made by the defendant's daughter and stepdaughter regarding abuse alleged to have occurred within the family home

Our approach

Trial Strategy

The defence is vigorously testing the Crown's evidence. In cases of historic allegations without forensic evidence, the strategy relies on a forensic analysis of the timelines and the consistency of the complainants' accounts.

The legal team, instructing Libertas Chambers, has navigated the first stage of trial proceedings. While verdicts of Guilty were returned on four lesser counts (Sexual Assault and Incitement), the defence continues to represent the client regarding the outstanding matters and the overarching allegations of Rape.

The outcome

Trial Strategy

The defence is vigorously testing the Crown's evidence. In cases of historic allegations without forensic evidence, the strategy relies on a forensic analysis of the timelines and the consistency of the complainants' accounts.

The legal team, instructing Libertas Chambers, has navigated the first stage of trial proceedings. While verdicts of Guilty were returned on four lesser counts (Sexual Assault and Incitement), the defence continues to represent the client regarding the outstanding matters and the overarching allegations of Rape.

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"The art of cross examination lies not in the aggression of the question, but in the precision of its construction."

Sarah Thornton
Senior Criminal Barrister, London

"A witness who remains calm under questioning speaks louder to a jury than one who becomes defensive."

Michael Ashford
Criminal Law Specialist, Manchester

Legal disclaimer and restricted access

The details provided in this case study are for informational purposes only and do not constitute legal advice. Every criminal case is unique; the outcomes described here depend on specific facts and the application of current English law, which is subject to change.

Viewing this material does not establish a solicitor-client relationship. If you are facing criminal charges, you should seek immediate advice from a qualified legal professional. This firm accepts no liability for actions taken based on this content. By continuing to review these case materials, you acknowledge that you understand these limitations and accept full responsibility for your use of this information.

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FAQ

Some questions we get, which may help you in this moment

I’ve been contacted by the police for a ‘voluntary interview’—do I need a solicitor?

Yes. A voluntary interview is a formal police caution and what you say can be used as evidence in court. You have a legal right to free and independent legal advice at the police station, regardless of your financial circumstances. Having a solicitor present ensures your rights are protected from the outset.

How do legal fees work for criminal cases in the UK?

Most firms offer a range of payment options, including fixed fees for specific stages of a case or hourly rates. Depending on the seriousness of the charge and your financial position, you may also be eligible for Legal Aid to help cover some or all of your legal costs.

What is the difference between a Magistrates’ Court and a Crown Court?

Less serious offences (summary offences) are typically handled in the Magistrates’ Court. More serious matters (indictable-only offences) are sent to the Crown Court to be heard by a Judge and Jury. Some cases are ‘either-way,’ meaning they can be heard in either court depending on the severity of the specific allegations.

Will a criminal charge automatically result in a prison sentence?

Not necessarily. The UK courts follow strict sentencing guidelines that consider the nature of the offence and any mitigating circumstances. Possible outcomes can include fines, community orders, suspended sentences, or discharges, depending on the specifics of the case and the quality of the legal representation.

How long does a criminal investigation usually take?

There is no fixed timeframe. An investigation can last from a few weeks to several months or even years for complex financial or historical cases. A solicitor can help manage this period of uncertainty by liaising with the police or the Crown Prosecution Service (CPS) to get regular updates on the status of your case.