Sexual assault is a serious criminal offence in the UK, and if you are accused of committing sexual assault against someone in any way, you could find yourself being charged with a sexual offence and taken to court.
This can be a difficult and stressful time for any defendant, especially if they are convicted of committing a sexual offence.
There are many considerations to take into account – like whether there are legal defences that can help you to avoid conviction or reduce your sentence if convicted, including avoiding the Sex Offenders’ Register.
This blog explores possible defences and sentences for sexual assault cases, and how having the right solicitor on your side could steer sentencing in your favour.
Do you have a sexual assault defence?
For you to be convicted of sexual assault, the prosecution would need to prove (beyond reasonable doubt) that you intentionally touched another person in a sexual manner without their consent, and you did not reasonably believe they consented.
There are three defence arguments that often arise in sexual assault cases:
- You did not intentionally touch the complainant.
- If you did touch the complainant, it was not in a sexual way.
- If you did intentionally and sexually touch the complainant, you reasonably believed they consented to this touching.
However, there is a further element that can assist your defence for point 3.
The law states that when assessing whether your belief in the complainant’s consent was reasonable, the court should consider all the circumstances, including any steps you have taken to ascertain whether the complainant consented.
For example, if your evidence is that you asked the complainant whether you could touch them and they agreed, you would have an arguable defence.
Equally, if you had previous contact with the complainant and they previously agreed to such touching, it could be implied that such agreement was continuing.
What is the sentence for sexual assault?
The maximum sentence for sexual assault is 10 years in prison. Of course, nobody wants to go to prison – for this reason, we would always consider all defence arguments first.
In situations where there is no arguable defence, and a conviction follows, it is vital that the correct mitigation is presented to the judge to try to keep the sentence less than 12 months, as this can avoid the requirement to register as a sex offender (see below).
The judge should also take note of the sentencing guidelines. In summary, these guidelines set out three categories of offence determined by the degree of harm caused.
The court will also consider your culpability (the degree of planning or force used, awareness of your actions and their consequences, etc.), as well as any aggravating or mitigating factors. Aggravating factors include previous offences and non-compliance with the police, while previous good character, remorse, or medical conditions are all mitigating factors that may help to reduce your sentence.
When presenting your case, your solicitor should try to convince the judge that you are in a lower category of offence, you have low culpability, and there are no aggravating factors. Where possible, you should also have valid mitigation.
Depending on how well these points are advanced to the court, the strength of your solicitor’s argument may determine whether you go to prison or not, and whether you avoid the requirement to sign the Sex Offenders’ Register.
Can you avoid the Sex Offenders’ Register?
Being subject to notification requirements is also known as being placed on the Sex Offenders’ Register. Contrary to common belief, there is no physical register of names for offenders to sign – it is actually a notification system.
This means that you are required to notify the police of your identity, address, and circumstances following conviction, caution, or warning, and must keep the police updated whenever your personal circumstances may change.
Due to the social stigma, many of our clients consider the prospect of being regarded as a registered sex offender to be more damaging to their reputations and lives than the conviction itself, or even serving a term in prison.
Almost all serious sexual offences, including rape and assault by penetration, and offences against children, will result in a requirement to register as a sex offender.
However, a conviction for sexual assault may not always result in you being placed on the Sex Offenders’ Register. You will not need to register if:
- You and the complainant were over 18 years old at the time of the sexual assault, and
- You received a prison sentence or community order for under 12 months.
This is why it is vital to have specialist representation in court at any sentencing hearing. Thorough mitigation can improve your chances of the judge imposing the appropriate sentence, taking into account the sentencing guidelines.
Crucially, a sentencing hearing allows sexual assault defence solicitors to make representations to the judge with the aim of convincing them not to impose a custodial sentence – or, if a prison sentence or community order is imposed, to convince the judge to impose less than 12 months.
How can you prepare for a sentencing hearing?
Any mitigation should be planned carefully, in plenty of time before the sentencing hearing. It may benefit you to have a medical or psychological report produced in advance.
For example, you may have evidence of depression, or another mental health issue that influenced your offending. In a recent case, we achieved a massive reduction in our client’s sentence because we were able to provide evidence that his ADHD affected the impulsivity that led to the commission of an offence.
The Probation Service will also produce a report for the court. At PCD Solicitors, we will liaise with the Probation Officer and usually review their report prior to the sentencing hearing. It is important that the Probation Service is made aware of any other evidence that could be beneficial to you, such as a medical report.
Character references from people who know you may also impact the judge’s decision, particularly if you have no previous convictions.
By using a solicitor experienced in sexual assault cases to make representations, you can rest assured that any previous case law that set a precedent for cases like yours will be brought to the judge’s attention prior to sentence.
For example, if we find several earlier cases similar to yours where, following conviction, a judge imposed less than 12 months, there is a strong legal argument that the judge in your case should also impose less than 12 months.
Pressure is then placed on the judge to follow earlier case law – if they do not, you could then appeal their sentence (and no judge likes to be appealed against).
Can PCD Solicitors help with sexual assault sentencing?
You will only be sentenced once you have been convicted of an offence – and you will only be convicted if you plead guilty or are found guilty after a trial.
As a firm of solicitors specialising in sexual defence work, it goes without saying that we would always assess whether you have a viable defence to present first.
It is always worth arguing a defence if there is a realistic prospect of the charges against you being dismissed. Even if your defence fails, the correct mitigation can help you to avoid going to prison and avoid the requirement to register as a sex offender.
Should you wish to discuss your own case with PCD Solicitors, we offer a free and informal initial consultation. The sooner you contact us, the more time we will have to work with you and develop your defence and/or representations.
Please contact PCD Solicitors on 0151 705 8488, or complete our online enquiry form and a member of our team will get back to you promptly to discuss your case.