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Statute of Limitations on Sexual Assault and Rape

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The concept of a statute of limitations in the UK is a highly contentious subject, especially when considering historic sexual offence cases.

In the following article, we discuss the situation surrounding a statute of limitations for sexual assault and rape cases, including what the current law states and why there are two opposing sides to the debate as to what the law should be.

Please note that this article is for informative purposes only. If you need any legal support in relation to a sexual offence, please get in touch, and our team can advise you.

What is sexual assault?

Sexual assault is defined as an incident where a person touches another person in a sexual way without their consent, and without reasonable belief in consent.

What is rape?

Rape is defined as an incident where someone intentionally penetrates, with their penis, the vagina, anus or mouth of another person without consent, and without reasonable belief in consent.

What is a statute of limitations?

A statute of limitations is a piece of legislation which effectively acts as a time limit for charging someone with a criminal offence. After the relevant time period has passed since the alleged offending, it is no longer possible to charge someone for that offence.

There is a statute of limitations in the UK for summary offences only. Under the Magistrates’ Court Act 1980, criminal proceedings for summary offences must be brought within six months of the alleged offence.

Is there a statute of limitations for sexual assault or rape in the UK?

As these offences are indictable and not summary, there is no statute of limitations for sexual assault and rape. This means that cases relating to historic sexual offences can be opened at any stage, regardless of when the alleged offence took place.

The only exception to this within the field of sexual crimes is for cases involving ‘unlawful sexual intercourse’ offences that took place between 1956 and 2004. This refers to cases of supposedly ‘consensual’ sex with teenagers aged between 13 and 15, where a case must have been brought within a year.

Should there be a statute of limitations?

Naturally, this is a very complex subject to try and navigate. There have been many instances of high-profile historical sexual offences coming to light, which may not have been possible if a statute of limitations were in place. Nevertheless, there are various counterarguments which highlight the potential merits of changing the way in which these matters are dealt with.

The primary argument for maintaining the status quo and not having a statute of limitations is that victims (particularly victims who were children at the time of an incident) may have been unaware of what happened to them or were afraid to tell anyone. This means that many sexual offences may go unpunished.

On the other hand, there is also an argument to suggest that prosecuting historical sexual offences is an incredibly difficult and lengthy process which takes up time and resources which could be used on crimes which have been recently committed. Both prosecuting and defending a historical sexual offence can be very challenging, especially as it can be hard to obtain evidence, and the accounts of both victims and defendants can be called into question.

It is also important to note that instances of mistaken identity and false allegations are common in historic sexual offence cases.

What should you do if you are accused of a historic sexual offence?

Since a statute of limitations is not in place, it is possible to be accused of a sexual offence that occurred many years ago. Being accused of a historic sexual offence can come as a huge shock and cause significant distress, so it is important that you understand what options you have when it comes to building a strong legal defence.

At JD Spicer Zeb, our criminal defence solicitors have over 45 years of experience in handling even the most serious and complex criminal cases, including historic sexual offences. Our specialist expertise in dealing with these matters means that we are well-positioned to provide a tailored defence strategy. With our support, you stand the best chance of having charges dropped altogether or having a sentence reduced if conviction is unavoidable.

We have particular skills in handling the various types of evidence that the prosecution often relies on in historic sexual offence cases. This will include forensic evidence, such as fingerprint and DNA analysis, digital evidence and witness testimony. We will take every measure to carefully analyse the prosecution’s case, what flaws may be present and how they can be used to build your defence.

We are accredited by the Law Society for Criminal Litigation. This, along with our previous experience and track record of success, has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are subject to a historic sexual offence case, we are here to provide you with the support you need.

Related offences

We also provide support and guidance on various other matters that are related to historic sexual offences, including:

Related cases

Fees and funding

We are mindful of how important transparency is when it comes to legal fees.

If you need to attend court in relation to a historic sexual offence, you may be eligible for Legal Aid. Whether this is possible will depend on whether the grant of public funding is justified on a means and interests of justice basis.

If you do not qualify for Legal Aid, the alternative will be to fund the case privately.

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

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

Or email: solicitors@jdspicer.co.uk.

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

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.