Historic Sexual Offences Guide

Over the past twenty years there has been a significant growth in the prosecution of individuals for historic sexual offences.

The publicity surrounding the alleged scandals of ‘cover up’ in care institutions and schools has fuelled an increase in the number of reports into past abuse and influenced the way said abuse is perceived by the general public.

This backdrop has led to gradual, yet significant, changes within the criminal justice system. Changes to the law of evidence, the way historic sexual offences are investigated by the police and the way trials are conducted have all created a complex and confusing environment to those accused. In many cases, this may not result in the fair trial that people expect in our society.

In this guide, we take an in-depth look into historical sexual offences in the UK, including how these cases are investigated, what level of proof is required for a conviction, and why the guidance of an expert sexual offence solicitors will always prove invaluable.

What makes historic sexual offence cases so complex?

The public perception surrounding historic sexual offences has created a myth that they must be true allegations. Afterall, why would someone simply make them up?

However, the complexity of human behaviour creates multiple reasons for fabricating such an allegation. These can range from simple mistaken memories, confusion and mental health challenges, through to deliberate falsehoods which are designed to extract revenge or are motivated by monetary compensation.

Adding to these complexities are cases where an individual solely relies upon memories from a time when they were very young, which may have been decades ago in some cases. In adulthood, due to stress or drugs for example, an individual’s perceptions of the past can become damaged for a number of reasons, which can potentially leading to fundamental issues relating to the reliability of those memories.

Of course, it is important to note that there are always situations where the memories are in fact true, which means every case needs to be given the same level of attention. Each of these separate challenges creates their own set of fundamental issues that can have a major impact on the fairness of the historical sexual offence trial process.

For many of us, these changes to the criminal justice system are unlikely to have a major impact upon our daily lives. That said, when it is ‘you’ that receives the knock on the door by the police, the consequences on your life can be extremely serious. Ignorance of the system and the belief that the innocent will be automatically protected creates an illusion upon which mistakes are often made.

How hard is it to prove historical abuse?

Historic cases pose significant challenges, especially given the emotive issues that surround child sexual abuse. This means these types of cases are unlike traditional criminal trials.

Each case is unique, containing very different challenges and implications, and time delays mean that gathering and analysis of historic evidence is crucial.

In effect, the combination of public perception and changes to the law means a defendant must prove their innocence through sound evidence, which is often absent, destroyed or potentially unreliable. For the jury to decide whether the complainant is a reliable witness, it is critical that the defence is properly prepared for the difficult process that lies ahead.

When dealing with historic sexual offence allegations made from an institution such as a care home or school setting, the importance of contemporaneous records created by the institution at the time became an important feature.

This is not only in reconstruction of the daily events at the school, but also to determine whether the opportunity to commit the offence existed. This enables the legal team to identify which records are missing and which may lead to a successful stay of the proceedings because no fair trial would be possible.

The use of comprehensive databases and a proactive investigation by the defence team provides a foundation upon which false allegations can be tested before a jury from evidence independent of any defendant. Records such as medical, school and social care are important and requires very careful considerations in preparing for a trial.

Do I need specialist legal advice for my historic sexual offence case?

It is essential that from the very beginning of a case, any individual arrested or requested to attend a police station seeks specialist legal assistance immediately. Attending any police interview for such serious allegations without the assistance of an experienced lawyer can cause significant problems if the case gets to trial.

You should be under no illusion that simply turning up at a police station and telling the police the truth will not stop the prosecution.

For many people, this will be their first experience of being under suspicion of committing a crime. Delay will always cause difficulties for anyone, especially for an individual who is being asked questions about event years before. Essentially, any individual is in the situation where they must prove a negative, that it simply did not happen.

Are ‘Old Laws’ still relevant?

Another important aspect of any historic sexual offence case is that ‘old law’ is still very much relevant to the process. Standards of the legal system which were in place at the time the accused offences were committed are applied to try the case.

Therefore, expert legal advice is required to consider issues such as the age of the accused at the time of the alleged offence  and the relevant sentencing powers, especially when the accused offences were committed by a person who was a child at the time of the offending.

These are issues outside the scope of traditional criminal cases and therefore require expert advice.

What is a Defence Case Statement?

The law requires all defendants to provide a written Defence Case Statement. This is an important feature which a barrister will collaborate with a solicitor to provide a full and detailed statement.

This is the document that will trigger the duty of disclosure upon the CPS. It is also important to identify early the legal and factual issues that arise in the case. A poorly drafted Defence Case Statement can create problems to a defendant, meaning it is essential that a full and comprehensive statement is prepared.

Is sexual history admissible in court?

There are also significant challenges in respect of a complainant’s previous sexual history. The law limits the extent whereby any complainant can be questioned about their previous sexual history with anyone other than the accused.

The changing attitudes towards attacking the credibility of a complainant on the basis of their previous sexual behaviour has brought about significant changes to the law. They are often complex, however. In certain circumstances, for example when the individual has made previous complaints against others of a sexual nature, then the right to a fair trial operates. This creates further difficulties and where an experienced legal team will be able to properly advise and make the necessary applications.

Can expert witnesses be used in historic sexual abuse cases?

The use of experts in a criminal trial are jealously guarded against by the criminal courts. The reason is very simply that would be untimely for a jury to decide upon the issues of guilt. However, in areas where the knowledge is outside their understanding, then expert evidence may be adduced before them.

It is not for any expert to decide upon the guilt or otherwise of any defendant. It is their expert knowledge which may assist a jury on a particular point that is admissible. It is only in exceptional cases that an expert may be relevant in a historic case such as memory, childhood amnesia or false memory syndrome.

These matters will be fully explored by your legal team and if relevant, a suitably qualified expert would be instructed together with the necessary applications made to the court for its admission.

Can regular witnesses be called upon?

The identification of witnesses to support the defence is also an important feature which an experienced legal team will undertake. Further, the recovery of evidence such as dates of buying or selling of houses, or attendances at school and evidence to assist in identifying dates is important in preparing for trial, as is the full written instructions from the accused.

The written preparation for these trials forms an important foundation that ensures that no mistakes are made. Whilst, under English law, the burden of proving guilt remains with the Prosecution, experience has shown that in historic allegations a positive proactive preparation is essential.

What will solicitors do to defend you in your historic sexual abuse case?

The approach to defending these cases must be collaborative, with the solicitor and trial barrister ensuring that the accused is fully aware of the issues and process.  The consequences of conviction for an individual include the imposition of lengthy prison sentences and the struggle to clear their names before the Criminal Appeal Court. Such issues have become the reality for many individuals accused of historic sexual abuse. Whilst no legal team can guarantee a ‘not guilty’ verdict, they can, with their experience and knowledge of the law in this complex area, ensure that the historic allegations are firmly challenged and that a fair trial is achieved.

Your solicitor or barrister should meet with you to take you through the prosecution case statements and evidence. This will consist of video recorded evidence of the complainant and any witness evidence such as friends or family.

If disclosed and if not, our historic sexual offence solicitors seek disclosure and analyse where it may assist you:

• The prosecution evidence could be from witnesses corroborating the fact that complaints were made to them.
• Social services record, doctor’s records, professional health records, mental health, psychologists, or other records may exist supporting or casting doubt on the alleged abuse may exist and be disclosed.
• School records may exist of complaints made at the school or evidence gathered at school such as a change in performance at school or concerns about health or abuse.
• Forensic or digital evidence if retained or available
• Photographs or video footage from family records if available
• All other disclosure capable of helping your case

We will, where necessary:

• Take your clear instructions on all aspects of the prosecution’s case in the form of a statement.
• Set out a clear history of the matter in detail.
• Create a chart setting out the family history or related parties in the case in detail outlining how each person is connected so that your barrister is clear on your case.
• Take witness statements from your witnesses such as friends or family that can support your defence.
• Set out all the weaknesses in the prosecution case and prepare your argument for cross examination of the prosecution witnesses.
• Prepare a detailed defence case statement requiring the further disclosure required from the prosecution, such as material which has the capability to assist the defence and undermine the prosecution case.
• Arrange for you to meet with and instruct the best specialist historic sex offences barrister on legal aid or private funding.
• Brief a barrister with a detailed analysis of your case in advance and consult you fully in the selection of this barrister. We will arrange for you to meet your barrister to develop a legal strategy to allow you the maximum opportunity to defend yourself.
• Obtain advice from your barrister in writing and orally at meetings.
• Consider making arguments for the defence under Section 41 of the Youth Justice and Criminal Evidence Act 1999 as this provides protection to complainants in proceedings involving sexual offences by restricting evidence or questions about their previous sexual history by or on behalf of the accused, subject to exceptions and with the leave of the court.
• Instruct mental health professionals such as psychiatrists or psychologists to support your case where necessary.
• Obtain your health records if they can demonstrate material to support your defence.

We will work with your barrister to be able to build the strongest defence case possible so that if the case proceeds to a full trial, your barrister will be able to make the strongest closing speech to the jury allowing you the best chance to be found not guilty.

Contact our historic sexual offences defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about allegations of committing a historic sexual offence at any time in the past, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 020 7624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for historical sexual offence allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations of a historical sexual offence, or any other type of sexual offence.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.