Sexual Offences


sexual offencesRAPE






These include very recent allegations, but now following the Saville inquiry and Operation YewTree many more historic allegations are coming to light.

Not only your reputation but also your liberty may be at stake! You should not face prosecution for an offence of this type without legal representation.

Most sexual offences upon conviction have a requirement that you sign on the Sex Offenders Register and the court could make a Sexual Harm Prevention Order (SHPO). This could have very serious and long lasting ramifications.

Something is 'sexual' if the reasonable, average normal person would consider it so.

You need specialist and expert advice now! Mortons Solicitors can advise you and provide expert representation. Call us or email us now for immediate advice.

Have you been invited to attend a police station? Some of the most important decisions made in relation to a case are made at the police station. If Mortons solicitors are involved at an early stage of an investigation, we are often able to affect the outcome.

You are not obliged to say anything to the police and we advise all clients to maintain their right to silence until they speak with us.

A case can proceed solely on admissions made to the police without the need for witnesses to ever attend court.

You are entitled to have a solicitor present free of charge at any police interview. This is true for what may seem to be the most trivial offences, e.g. a minor sexual touching such as a kiss. You should never be interviewed without legal representation.

The issue of consent is a complex one. There are circumstances when the court will presume that consent did not exist (such as rape, assault by penetration and sexual assault). Such circumstances are:

• if violence has been used against the victim or another person,

• if the victim has been held captive,

• if the victim was unconscious,

• if the victim was physically disabled,

• if the victim was under the influence of a substance that overpowered them.

The voluntary consumption of alcohol is often a factor. If the person making the allegation was drunk at the time of the incident it does not automatically mean that consent does not exist.

Someone is said to have consented if they agree by choice and have the freedom and capacity to make that choice.

Drunken consent can still be consent. However it should be noted that consumption of a large quantity of alcohol could lead to a presumption that the person was incapable of informed consent.

If consent did not in fact exist there may still be a defence of having a “reasonable belief” in consent. This means that someone must honestly believe that consent exists and this belief must be one that a normal person on the street would hold.

Successfully defending an allegation of a sexual offence involves:-

• Expert cross examination of the alleged victim and any other prosecution witnesses,

• Detailed expert analysis of the evidence

• Detailed expert analysis of the unused prosecution material

• Third party requests for disclosure e.g. such as obtaining the victims social services records or medical records

• The use of specialist forensic scientists, e. g. medical experts who specialise in causation of injuries, psychiatry, psychology

• Site visits

• Preparing defence witness statements

Was the offence allegedly committed a domestic incident? The definition of what counts as “domestic” is far reaching. It also has certain consequences, most significantly:-

• The case will be treated more seriously by the court

• You could be restricted from living at, or attending the family home (by virtue of strict bail conditions)

• You could be restricted from having contact with your partner and/or unsupervised contact with your children

• The case will be highly likely to proceed, despite the wishes of the victim

Morton’s solicitors have a proven track record of successfully defending even the most serious sexual offences.

Mortons Solicitors specialist also runs to novel defences including sexsomnia (sleep-sex) and instructed specialist counsel to conduct specialist advocacy and specialist sleep experts to confirm the existence of a sleep-disorder.

VIDEO: Simon Morton introduces Rachel Shenton, a specialist sexual-offence barrister from 18 St John Street Chambers who kindly agreed to discuss this specialist area of criminal law requiring expert legal representation.


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