Wrongly accused of a Sexual offence?

At Emery Johnson Astills we know how frightening it can be to find yourself under investigation for or charged with a sexual offence.

The chances are you will have no previous experience of being interviewed by the police or appearing at court. It can be a scary and unfamiliar environment which is why you need someone on your side to support you, offer advice and to be there every step of the way. Emery Johnson Astills have over 20 years of experience providing the specialist advice you need tailored to your individual circumstances.

Its hard to open a paper or look at the news online without coming across an article about someone charged with a sexual offence whose case has been reviewed and dropped but not until months or even years after the original investigation was begun.

Oliver Mears, a student from Oxford university, was charged with rape after a party. He claimed that the sexual contact was consensual. After two years the Crown Prosecution Service dropped the case claiming that the prosecution had always been “finely balanced”.

Arguably, cases like this where the facts of the case are based on the accounts of only the complainant and the defendant are always finely balanced.

This is just one of many cases which have recently hit the headlines after disclosure issues led to sexual charges being dropped.

The Crown Prosecution Service have a duty to disclose any material which undermines the prosecution case or assist the defence. However, recent cases have identified significant delays and failures in this regard.

Liam Allen recently had a charge of rape dropped three days into a trial at Croydon Crown Court after the prosecution failed to disclose material which seriously undermined their case namely, a large volume of text messages which supported the defence case.

Mr Allen was facing a substantial prison sentence. The only evidence in the case was from the complainant. Without further forensic, medical or this vital telephone evidence, it was therefore a matter for the jury as to whether they believed the victim or the defendant.

Following this case, the Crown Prosecution Service undertook a nationwide case review in order to address disclosure issues. From this review of rape or sexual offence cases 47 cases were halted because evidence had not been properly shared with the defence, and these cases were then discontinued. That number in fact represents 47 people facing serious sexual offences who have had their lives turned up side down.

The importance of a strong defence team to represent you has never been more crucial. At Emery Johnson Astills we have an experienced team to advise you every step of the way and our specialist Solicitor Advocates have a track record of positive outcomes. 

If you find yourself under investigation for a sexual offence it is vital that you obtain legal advice as soon as possible.

At Emery Johnson Astills we offer 24 hour police station advice and representation. Police Station advice is available to everyone free of charge and legal aid may be available for your case at the Magistrates’ and Crown Court, however, many people prefer to instruct us on a private basis. We will of course discuss all options and alternatives with you.

To discuss any criminal offences please contact the Criminal Defence Team at Emery Johnson Astills in Leicester on 0116 255 4855 or in Loughborough on 01509 610 312.