Sexual Offence Solicitors Cardiff

Sexual offences vary in severity but can have a serious impact on an individual if convicted. Any person convicted of a sexual offence must be registered on the Sex Offenders Register and may be subject to notification requirements for specified length of time.

The implications of such offences, like many others, can have a serious impact on future job prospects amongst other things. Whether the offence is minor or more serious we advise all who have allegations made against them to seek legal advice and assistance as soon as possible. Here at Crowley & Co our team provide assistance from arrest to the end of proceedings.

Rape

Rape is governed under the Sexual Offences Act 2003 and for offences pre 2003 under the Sexual Offences Act 1956 and tried on indictment only. Rape involves penetration of the anus and/or vagina plus the mouth of an individual without the consent of that individual and without there being a reasonable belief that that person was consenting. 

Penetration is not limited to sexual intercourse only.

The current age of consent to sexual activity within the UK is 16 years old.

If convicted of rape the maximum custodial sentence that can be imposed is a life term. Typical sentences range from 4 years to 19 years.  

Sexual Assault

Sexual assault is also governed under the Sexual Offence Act 2003, however sexual assault can be tried either way dependant on the severity of the alleged offence. Sexual assault focuses on activates other than rape.

 

If convicted the sentence passed can range from a community order to a maximum of 10 year custodial sentence. The court will consider the age of the victim, their mental capacity and vulnerability, along with other relevant facts.

Historical Allegations

It is possible to be investigated and charged with historical allegations of rape and sexual assault. The date(s) of the allegation(s) will determine which act governs the offence; either the Sexual Offences Act 2003 or 1956. The sentence imposed if convicted will also consider the act governing the offence at the time of the allegation. Sentences imposed will vary dependent on nature of the offence and the facts surrounding the matter. For example the age of the victim or the relationship between the victim and defendant.

church

Child Sexual Abuse

Occurs when a child is forced into sexual activities. Sexual abuse can range from forced kissing, touching a child on top of their clothes to penetrative sex. 

 

If you are charged with the allegations of rape of a child the following guidance applies:

 

  • Is triable on indictment only.
  • An imposed custodial sentence of up to a life term which is currently a maximum of 19 years.
  • Sentences usually range from 6 years to 19 years imprisonment.

 

If you are charged with sexual assault of a child the following guidance applies:

 

  • Triable either way.
  • The maximum custody term posable on conviction is 14 years.
  • Usual ranges can be high level community order to 9 years custody.

 

It is important to note that although you may be tried by a magistrate court you may be sentenced by the Crown court if it is decided that the magistrate’s powers are inadequate; in terms of correct or appropriate sentencing.  

Sexual Grooming

Grooming occurs when an adult builds a trusting and emotional relationship with a child so that they can later exploit, abuse or manipulate a child. The methods by which a child is likely to be groomed are in person or over digital means. A child may be groomed by a family member, teacher, coach, faith group leader or other adults in which they come into contact with.

You may be convicted of a criminal offence under the Sexual Offences Act 2003 if you have found guilty of the above. If charged with allegations of sexual grooming sentences vary greatly from:

·         1 year to a maximum of 10 years.

The offence is triable either way which allows either a crown court or magistrate’s court to hear the case against you.

Indecent Images

The law which governs the law for indecent images are the Protection of Children Act 1978 and the Criminal Justice Act 1988. It is a criminal offence to make, access, download, possess, share or distribute indecent images or videos of children. Offences of this nature are triable either way which means a magistrate court or crown court may hear the matter. The nature of the offence will depend on the possible sentence. Sentences for this type of offence range from a medium community order to a custodial sentence with a maximum term of 5 years.

 

The notable cases below are just some examples in which we have successfully defended allegations of a sexual nature.

R V R (1996)

Cardiff Crown Court

Acquitted of rape of his Mother-in-Law following a full trail.

R V G (2010 to 2011)

Cardiff Crown Court

Defendant acquitted following historical allegations of rape and sexual assault involving numerous familiar complaints.

R V G (2012)

Cardiff Crown Court

Defendant acquitted of rape after a fully contest trial.

R V B (2015)

Newport Crown Court

Acquitted of two charges of sexual assault within minutes of the jury retiring to make a verdict. The jury were present with CCTV which had me scrutinised and assisted with the Defendant’s case.

R V B (2016)

Newport Crown Court

Acquitted of sexual assault with the assistance of careful scrutiny of CCTV evidence.

R V P (2017)

Newport Crown Court

Acquitted of sexual assault against a minor after a fully contested trial.

R v G (2019)

Newport Crown Court

Defendant; a retired GP, acquitted of 14 counts of Rape, indecent assault and procuring an illegal abortion following detailed examination of the Complainant’s medical records and representations made to the CPS.

Contact Crowley Solicitors

Contact us today on 029 2045 8895 (Monday to Friday 9am to 5 pm) or 07974919292 (emergency out of office assistance) or by email at [email protected]