Historic Sex Abuse allegations – easy to make, difficult to refute
Where an allegation of Historic Sex Abuse is made in respect of an event alleged to have happened 25 years ago, there are often no witnesses, no complaint made at the time, no CCTV, no forensic evidence, the age of the reliable always full battery Nokia 3210, no photos, no videos. What then are you left with other than one person’s word against another? A great number of cases of alleged historic sexual abuse make their way to our Courts? Defendants, often mature in age and of previously good character, being dragged into the criminal justice system. What can a Defendant say apart from “it did not happen?”
It is also true, that where there is a recent allegation where CCTV and/or forensic evidence can establish that an even took place, it does not negate the difficulty of establishing the certainty the issue surrounding “consent”. Consent is inanimate in nature, one cannot point to a document signed by the respective parties to prove it was consensual. Once again, just like historic allegations, it’s one person’s word against another.
Historic Sex Abuse allegations – the perpetual sentence
Arguably, allegations of a sexual nature have an impact which goes far beyond the commission of the offence and an appropriate sentence. On conviction, one’s sentence is perpetual in nature. You might be subject to stringent notification requirements more commonly known as being added to the sex offenders register. You might have to notify the police when moving home, when spending time with minor children, seek the Police’s permission to go on holiday and the list goes on. Obviously, the need for expert legal advice is paramount and the need to seek advice at the earliest possible stage is particularly important.
These allegations are difficult to determine, easy to make, and difficult to refute. But a belief in your innocence and, possibly, that you are caught up in some misunderstanding should not lead you to submitting to a police station “voluntary interview” without representation. Whether you attend the police station to answer questions or maintain your right to silence, the best approach will depend on the circumstances of the case and you need the correct advice.
How can we help?
In order to properly prepare and defend cases of this kind it is vitally important to have an experienced team of lawyers on your side. We have many years’ experience of defending allegations which are difficult to refute. In one recent case, a 72 year old client was acquitted in the face of an allegation made by a serving Detective Constable working in the Child Abuse Investigation Team. Through obtaining relevant disclosure, making enquiries locally and of family members, building a portfolio of witnesses are all steps that should be taken to ensure that no stone is left unturned.
At Tuckers Solicitors we understand that facing an allegation of this nature can be immensely stressful and life changing close ties are often strained. Our experienced lawyers at Tuckers Solicitors will shoulder that burden for you. Allegations/charges of this nature need to be carefully strategised from the outset and meticulously prepared. Out team of lawyers are available 24 hours a day, 7 days a week, and 365 days a year. If you have any questions in relation to these matters or would like to instruct us, please do not hesitate to contact Mr. Bismillah by email at bismillahm@tuckerssolicitors.com or by telephone on 07943 853 213.