What is historic sexual abuse?
Historic sexual abuse refers to any incident of sexual assault, such as harassment, exploitation or rape, that occurred in the past but was only reported a significant time after the incident occurred.
Cases of historical sexual abuse can include:
- Childhood abuse – when victims were abused as children but have only reported the incident as adults.
- Institutional abuse – this is abuse that occurred in institutions such as schools, orphanages or care homes, where victims have only reported incidents later.
What is the legal process for historical sexual assault cases?
As with each criminal investigation, there will be differences in the legal process between cases depending on the specific circumstances on the allegation. The following offers a general outline of how proceedings may go ahead:
Investigation
The Police will begin their investigation once an allegation has been made, which involves gathering various evidence to corroborate the allegations. You will be required to give your account in a Police interview, where it is vital that you secure representation from a criminal defence specialist.
Charge
If the Police and CPS have agreed that there is sufficient evidence, then you will be charged with the offence. This means that the case will proceed to court. Again, ensuring that you have specialist legal advice during this time is essential to build a robust defence.
Court Proceedings
Whether a case will be heard in the Magistrates or Crown Court will depend on the severity of the charge. However, most sexual offences are indictable only, meaning that your case will be heard and deliberated by a jury.
Sentencing
If you are found guilty of historic sexual assault, you will then be sentenced by the judge. The specific sentence will depend on when the offence occurred and the severity of the circumstances.
How are historic sexual offences investigated?
Often, historic sexual assault cases will begin with a verbal statement or accusation, as physical evidence isn’t likely to exist due to the age of the accusations.
However, statements can also be unreliable as witnesses or accusers may be referring to events alleged to have occurred several years ago.
You will likely be interviewed by the Police, during which it is vital that you have specialist legal representation.
The Police and CPS will therefore see if there is other evidence to support the accuser’s version of events or undermine it if the case is disputed. This could include:
- Old files from schools
- Any evidence from local authorities
- Potentially searching your home
How can historical sexual assault be proven?
Investigators will attempt to accumulate the following evidence:
- Speaking to those who the victim told around the time of the offence to see if they can recall any relevant details
- Consulting old police case files if the offence was reported at the time
- Looking at third-party material, such as old school or medical records
- Speaking to other potential victims who have come forward
- Seeking witness testimony, wherever possible
- Examining the suspect’s phones, computers and other potential sources of evidence discovered during a property search
How are historical sexual abuse cases judged?
The law cannot be applied retroactively on historic allegations. You can only be charged and sentenced in accordance with the legislation that was active at the time of the offence.
For allegations that pre-date the Sexual Offences Act 2003 (which came into force 1st May 2004), the law applied to these historic offences will likely be the Sexual Offences Act 1956.
Sentencing guidelines and penalties will vary between these two legislations. This is one of many reasons why it is important to have an expert legal representative who understands both the old and the new laws.
What if I’m falsely accused of historic sexual assault?
If you’ve been accused of historic sexual abuse, it is likely that you know the accuser personally, meaning you may have more insight into why the accusation has been made.
False accusations can sometime be made for the following reasons:
- Genuine error or misremembered events
- Seeking financial gain in the form of a payoff or compensation
- Seeking revenge for ulterior motives or a familial break up
- Acting on circumstantial evidence in a perceived quest for justice
As cases of historic sexual abuse are underpinned on the word of the complainant, it is imperative that you seek expert criminal defence specialists who can look at alternative sources of evidence that might expose inconsistencies.
Common defences against accusations of historical sexual abuse
The type of defence used in your case will depend largely on the circumstances of the allegation. Commonly used defences against accusations of historical sexual assault can include:
- Challenging the complainant’s credibility
- Focusing on the lack of corroborating evidence
- False accusations and mistaken identity
- Alibi evidence
Good character evidence, while not a defence, can also be used to support the argument that the accused is unlikely to have committed the alleged offence.
With the advice and expertise of a specialist legal team, you will be able to talk through the intricacies of your case with an expert who has a robust knowledge of historical sex crime law. They will then be able to decide the best defence for your specific situation.
What are sentencing guidelines for historic sexual assault?
The sentence for historic sexual offences will generally be based on the legislation that was in place at the time the offence was alleged to have occurred. Sentencing will also depend on the specific offence committed, for example, indecent assault or rape, as well as the severity of the alleged offence.
For example, if an individual was convicted of historical rape which occurred between 1 January 1957 and 30 April 2004, the maximum sentence under the Sexual Offences Act 1956 was life imprisonment. This legislation would take precedence over the current legislation, Sexual Offences Act 2003, where the maximum sentence for rape is 19 years imprisonment.
In addition to a possible custodial sentence, you could:
- Be fined
- Be required to sign the sex offenders register
- Become subject to a sexual harm prevention order (SHPO)
How can Lawtons Solicitors help you?
Lawtons Solicitors have a wealth of experience when it comes to defending sexual offences, particularly when it comes to defending cases of historic sexual abuse. Securing specialist legal representation as soon as possible is vital and can mean a world of difference when it comes to the outcome of your case. We will handle your case with compassion, understanding and skill.
If you have been accused of a historic sexual offence and are in need of legal advice, contact a member of our specialist team today to get started and protect your future.
