If you are accused of committing a sexual offence in the UK, the consequences can be severe and long term.
In contravention of The Sexual Offences Act 2003, sexual offences under UK law are extensive and complex and include:
- Sexual abuse
- Rape
- Indecent assault
- Indecent image charges
- Historic sexual offences
The 2003 Sexual Offences Act is now used to define and determine the severity of all sexual offences committed in the UK and almost entirely replaced the Sexual Offences Act 1956, which was considered to be out of date and out of touch. The severity of the punishment decided in a sexual offence case will be determined on a case by case basis.
In updating the Sexual Offences Act 1956, the UK government were able to significantly change how certain sexual offences were defined.
The severity of cases involving sexual abuse, child abuse and sex trafficking was increased under the new Act, which also defines sexual offences and abuse scenarios that were not covered by the 1956 Act, such as those involving vulnerable adults who are liable to exploitation.
Sexual abuse defined under The Sexual Offences Act 2003
Sexual abuse is defined under The Sexual Offences Act 2003 in many different ways, including inappropriate sexual touching, or forcing someone else to watch or perform a sexual act. The Act also defines sexual offences including rape and sexual assault, providing clear definitions for certain sexual offences.
Sexual abuse is often alleged to have taken place when a person in a position of power or authority intentionally takes advantage of someone else to engage them in sexual activity.
Potential sexual abuse scenarios could involve:
- An adult and a child
- An older child and a younger child
- A doctor and a patient
- A teacher and a student
- A vulnerable person by virtue of physical or mental impairment or disability
Cases of historic sexual abuse can still be prosecuted under UK law, as there is no time limit on cases of this nature. Acts of sexual abuse committed prior to 2003 to be punished under the Sexual Offences Act 1956. There is often a complex overlap in terms of how courts view historic offences, given the change in both the law and social expectations.
Sentencing for sexual offences in the UK
Some sexual offences are naturally regarded as more serious than others, with the punishment decided accordingly on a case by case basis depending on both the offence but also what the court determines to be aggravating and mitigating factors.
Punishments and sentencing for all sexual offences in the UK are decided in line with the Sentencing Council guidelines.
A case of rape, for example, will almost certainly be punishable by a prison sentence after a trial in the crown court. Even within a specific category of sexual offence such as rape, the severity of the prosecution can vary considerably depending on the factors involved in the case, for example regarding the provision of consent.
Cases regarded as being of a decreased severity may be heard in the magistrates’ court, proceeding to the crown court if applicable.
Other factors which are taken into consideration when deciding on a sentence for a criminal offence include:
- The position of trust that the accused had over any victims
- The presence of children at the time of the offence
- The age of the children involved in the offence (if applicable)
If any of these factors are proven in the case, the severity of the sentence in any sexual offence is likely to considerably increase.
If you are accused of committing a sexual offence, you face often life changing repercussions, with lasting damage to your reputation. Almost any conviction for a sexual offence will involve a considerations of a prison sentence, inclusion on the sexual offences register and potential subjection to a Sexual Harm Prevention Order (SHPO). Each of these sentencing options can be incredibly onerous and require expert consideration and legal advice.
If you have been accused of committing a sexual offence, about a sexual abuse charge, you should seek expert legal advice as soon as you are able.
If you are found guilty, the punishment can vary depending on a number of factors. Expert legal advice and representation is vital in ensuring the most favourable outcome is achieved in your case.
At Lawtons Solicitors, our team of experienced sexual offence solicitors can provide expert, sensitive advice and support in all sexual offence cases.
We believe in ultimate discretion and we always aim to obtain the best possible outcome whilst limiting any reputational damage.
For more information or to discuss your individual case in complete confidence, please get in touch with us.
