How we win sexual offence cases
We defend a wide range of sexual offences, including allegations of rape and sexual assault. Our team of specialist solicitors believe that every person deserves the right to quality legal advice and representation – no matter what the allegation.
The seven-step process
PCD Solicitors provide a bespoke, first class, results-driven service. There are seven stages to successfully defending a sexual offence. These are;
Pre-charge police negotiation
It is critically important to communicate with the police at the early stages of an investigation. We may be able to 'steer' the direction of the investigation and influence decisions made by the Crown Prosecution Service. Many of our clients are not charged with offences despite being accused.
Police station advice and representation
The police may want to carry out multiple interviews in relation to a single allegation, particularly if new evidence is discovered or evidence of further offences. We will be able to obtain 'pre-interview disclosure' before the interview takes place. This will provide us with an opportunity to explain to you what evidence the police have and how to respond. In some cases, you may be advised to say nothing.
Detailed expert analysis of prosecution evidence & unused material
Lots of sexual offences are committed online. This is a new and developing area of law and often relies in expert computer evidence. It can be very difficult for the CPS to prove who committed offences online, particularly with an increase in hacking and remote computer access. You may have accessed illegal material without knowing. Be careful who you share your Wifi password with!!
Third-party requests for disclosure (e.g. phone records & social service records)
If you have been alleged to have committed an offence against another person (a complainant), have you considered the complainant's background? Could this person have made previous similar complaints against other people? What's the motivation behind the allegation? Mobile phone records, social service records and medical records can help to build a profile of the accuser.
Site visits (the 'locus in quo')
Does the story stack-up? If the alleged offence is supposed to have happened at a particular location, a site visit may help discredit the complainants account. The description of the location given by the complainant may not be accurate. Past cases tell us that complainants can become confused overtime.
Preparing defence witness statements
Witnesses could confirm an alibi or corroborate your account. Try to 'line up' your defence witnesses early on and prepare witness statements. This can provide us with the ammunition we need to get the case dropped. We will liaise with your witnesses and obtain statements directly from them.
Detailed cross-examination of prosecution witnesses
Cross-examination is process of questioning a prosecution witness at trial. This could be a police officer, expert witness or complainant. The purpose of cross-examination is find fault with a witnesses account or discredit the witness in court. It is a fine art and should be left to experienced barristers.
We do not work with Legal Aid due to the restrictions it can place on a firm in these time-critical circumstances.
We defend all allegations of a sexual nature, including;