Marcus sorted out my images case for me. Top team got me a great result. Really pleased with the outcome as I can now move on with my life. Thanks Marcus
What is assault by penetration?
Under Section 2 of the Sexual Offences Act 2003, assault by penetration is defined as: The intentional sexual penetration of another person’s vagina or anus with any part of the body or an object, without that person’s consent and without a reasonable belief in their consent.
It is not uncommon for assault by penetration to be investigated alongside other serious sexual offences, including rape and sexual assault.
How PCD Solicitors defend assault by penetration cases
PCD Solicitors have advised many individuals accused of assault by penetration, including those accused of assault by penetration alongside other sexual offences, such as rape and sexual assault. Our team understands the way these cases are investigated and prosecuted, and are skilled in curating robust, informed and proactive defence strategies that safeguard the interests of our clients.
When we are instructed on an assault by penetration case, PCD Solicitors will immediately:
- Undertake a thorough, detailed and expert assessment of the case, including your account of events, the stage of the process, and what defences may have already been presented.
- Establish proactive contact with the police or prosecution to understand what evidence they may have and how they plan to proceed.
- Provide you with frank, informed and balanced advice
- Begin developing a personal defence strategy that reflects the circumstances of your case and considers every defence, strategy and contingency
- If you have not yet been charged, try to convince the CPS not to charge you
Common defences in assault by penetration cases.
Although each case is different and therefore requires its own defence
strategy, some of the arguments and defences that can be considered in an assault by penetration case include:
Outcomes we’ve achieved for clients facing these allegations.
PCD Solicitors have advised many clients across England and Wales who have been accused of sexual assault by penetration, and understand the ways these serious cases can be managed, mitigated and defended. Through our legal specialism and proactive approach to defence and advocacy, we have succeeded in securing:
- The closure of police investigations
- No further action taken by the CPS
- Acquittals at trial
- Successful appeals of convictions and sentences
What sentence could you get if convicted of assault by penetration?
Assault by penetration is an ‘indictable only’ offence, meaning it can only be tried by a jury in the Crown Court. This is because the potential sentence on conviction is so high, and the offence is considered so serious in law.
Assault by penetration carries a maximum sentence of life imprisonment, with the actual sentence depending on factors including the degree of harm caused to the complainant, the stage at which you entered your plea, and whether you have any prior convictions.
Additional restrictions, like Sexual Harm Prevention Orders and compulsory registration as a sex offender, may be imposed upon conviction. Often, convictions for serious sexual offences like assault by penetration are published in the local media, and may generate significant adverse and damaging attention online.
Why Instruct PCD Solicitors?
PCD Solicitors are experts in managing sexual offence investigations, including investigations of serious offences like assault by penetration. We understand the ways investigators usually approach these cases and what they are looking for, and are skilled in supporting our clients in navigating this complex and challenging process.
Our team includes experts in:
- Police interviews
- Prepared statements
- Evidence reviews
- Bail hearings
- CPS liaison – to try to avoid a prosecution
- Defence strategy
- Trial preparation
- Mitigation
Through our proactive and expert approach to pre-charge engagement, we have often been successful in securing the closure of police investigations before charge, or persuading the Crown Prosecution Service (CPS) that authorising charges would be inappropriate.
Frequently Asked Questions
What happens if I am accused of assault by penetration?
When the police receive a complaint of assault by penetration, they will usually open an investigation. This often begins by taking the account of the complainant, and then seeking evidence that corroborates their claims. Where appropriate, the police will attempt to gather material evidence, such as CCTV footage, DNA, and electronic communications. Sometimes, they will also seek the testimony of third party witnesses, and will almost always interview the accused under caution at a very early stage. Without the informed and expert advice of a specialist solicitor, it can be very difficult for an individual under investigation for sexual assault by penetration to defend themselves.
What is a voluntary interview?
A voluntary interview under caution is an interview with police that you attend without being officially arrested. You do not have to attend if you do not want to. You are also entitled to have a solicitor attend and sit in the interview with you if you want. Just remember, although you have not been arrested, anything you say in a voluntary interview can be used as evidence.
What is the public interest test in assault by penetration cases?
The CPS must apply a two stage test before they authorise charges, which includes looking at:
- Whether there is sufficient evidence to provide a realistic prospect of conviction.
- Whether prosecution is in the public interest.
Instructing us as early in the process as possible means we can make representations on your behalf directly to the police and the CPS, and in some cases we’ve been able to successfully argue that prosecution fails one or both of these tests.
Let’s talk.
Speak to a specialist sexual offence solicitor today.
If you or someone you know has been accused of assault by penetration or any other serious sexual offence, contact PCD Solicitors now. Our team is available to advise immediately. Early instruction gives us the most options to prevent charges and protect your position before the case reaches the CPS.
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