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What is sexual assault?
Under Section 2 of the Sexual Offences Act 2003, sexual assault is defined as the intentional sexual touching of another person without that person’s consent and without a reasonable belief in their consent. It covers a wide range of physical contact, including touching genitals, breasts, or other parts of the body, and extends to situations where the complainant was asleep, intoxicated, or lacked the mental capacity to consent.
Sexual assault carries a maximum custodial sentence of 10 years’ imprisonment. Conviction also results in compulsory registration as a sex offender and can lead to additional restrictions such as Sexual Harm Prevention Orders. Because the consequences are severe, early specialist advice is crucial.
How PCD Solicitors defend sexual assault cases.
When instructed on a sexual assault case, PCD Solicitors act immediately. Our team will:
- Establish a personal defence team led by one of our specialist solicitors
- Review the full details of the allegation, including anything already disclosed to the police
- Make proactive contact with the police or CPS to understand the evidence they hold
- Begin developing a defence strategy specific to the circumstances of the case
- Advise at every stage of the investigation and, where charges are made, during the prosecution process and at trial
- Try to get the prosecution dropped before trial
We handle cases at every stage – pre-police involvement, pre-charge, post-charge, prosecution, trial and appeal. Every case is treated as unique.
Do not speak to the police before getting legal advice – call us now
Common defences in sexual assault cases
The prosecution must prove, beyond reasonable doubt, that the contact was non-consensual. PCD Solicitors build defence arguments around the specific facts of each case. These include:
Our outcomes
PCD Solicitors have advised hundreds of clients across England and Wales accused of sexual assault. Outcomes secured for clients include:
- Closure of police investigations at the pre-charge stage
- No further action by the CPS following representations
- Acquittals at trial
- Successful appeals against conviction and sentence
What sentence could you get in convicted of sexual assault?
Sexual assault is an either-way offence, meaning it can be tried in the Magistrates’ Court or the Crown Court. The trial location depends on the severity of the potential sentence and, with legal advice, the preference of the defendant. The maximum sentence on conviction is 10 years’ imprisonment. Sentencing takes account of aggravating and mitigating factors, including the duration of the alleged offence and whether remorse has been expressed.
Conviction also results in registration as a sex offender. Additional orders, including Sexual Harm Prevention Orders, are common.
Why instruct PCD Solicitors?
PCD Solicitors specialise exclusively in sexual offence cases. This is not one practice area among many. Our team advises at every stage of a case, our approach is proactive rather than reactive, and our experience is concentrated entirely in this area of criminal law.
- Exclusive specialism in sexual offence cases
- Representation at pre-police, pre-charge, post-charge, and appeals stages
- Nationwide coverage across England and Wales
- Expert barrister network for trial representation
Frequently asked questions
What happens if an allegation of sexual assault is made against me?
When an allegation is made, police typically seek to corroborate the complainant’s account by interviewing the accused. This interview may take place voluntarily, before any arrest, or after the accused has been arrested and taken into custody. In either case, the legal position is the same: anything said to the police may be used against you.
PCD Solicitors are instructed at every stage of a sexual assault investigation – from the moment police make contact through to pre-charge engagement with the Crown Prosecution Service (CPS) and defending case through the courts. Our focus is on one outcome: preventing a conviction.
What should I do if I am accused of sexual assault?
Get legal advice before speaking to the police. This applies whether you have been arrested or invited to a voluntary interview. Anything said without representation can be used against you. Contact PCD Solicitors as soon as possible.
Do I need a solicitor if I have not done anything wrong?
Yes. Being innocent does not guarantee the investigation will conclude quickly or fairly. A specialist solicitor may prevent charges from being brought by engaging proactively with the police and CPS. The earlier representation begins, the more options are available.
What is a voluntary interview, and should I attend without a solicitor?
A voluntary interview under caution is an interview with police that takes place without arrest. You are not required to attend, and you are entitled to legal representation. You should not attend without a solicitor. The same rules apply as in a post-arrest interview: your answers can be used as evidence.
What is consent under UK law?
Under the Sexual Offences Act 2003, a person consents to sexual activity only if they agree by choice and have the freedom and capacity to make that choice. Whether a defendant held a reasonable belief in consent is a key part of any sexual assault prosecution and is central to most defences.
Will I be released on bail?
Following an arrest or interview, you may be released on police bail or released under investigation (RUI). Bail conditions can include reporting to a police station, non-contact orders, curfews, and restrictions on travel. PCD Solicitors can challenge conditions that are disproportionate or unnecessary.
Will I go to prison if convicted?
Sexual assault carries a maximum custodial sentence of 10 years. The actual sentence depends on the specific circumstances of the offence, including the harm caused and any aggravating or mitigating factors. Many cases do not result in the maximum sentence, but conviction almost always results in a custodial term and registration as a sex offender.
What is a historic sexual offence?
A historic sexual allegation relates to events alleged to have taken place months or years before the complaint was made. There is no time limit on bringing sexual offence prosecutions in England and Wales. Historic cases often involve limited physical evidence and rely heavily on the accounts of both parties. PCD Solicitors have considerable experience defending allegations of this type.
Will my employer find out?
The police do not routinely notify employers of an investigation. However, certain professions are subject to additional disclosure requirements, and a charge or conviction may trigger these. We advise on the disclosure implications specific to your circumstances.
What does Released Under Investigation mean?
RUI means police are continuing to investigate after your interview but have not imposed bail conditions. There is no fixed timeframe for an RUI period. The investigation remains live and legal representation during this period can influence whether charges are ultimately brought.
What is the public interest test?
Before the CPS authorises charges, it must apply the Full Code Test. This has two stages: whether there is sufficient evidence to provide a realistic prospect of conviction, and whether a prosecution is in the public interest. PCD Solicitors routinely engage directly with the CPS during this process and have successfully argued that clients should not be charged.
Let’s talk.
Speak to a specialist today
If you or someone you know has been accused of sexual assault, contact PCD Solicitors now. Our team is available to advise immediately. Early instruction gives us the most options to help us win your case.
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