Being accused of a sexual offence in the UK: what happens next and how a defence lawyer can help

Facing an allegation of a sexual offence is distressing, serious, and potentially life‑changing. Whether you’ve been invited to a voluntary police interview or arrested, the first hours and days matter. Early, specialist legal advice protects your rights, reduces risk, and can materially influence the outcome.

This guide explains the UK legal framework, the police and CPS process, your rights, and the ways a defence lawyer can help—from interview preparation through to trial. If you need confidential advice now, speak to a specialist sexual offence defence solicitor as early as possible.

What counts as a sexual offence under UK law?

In England and Wales, sexual offences are primarily set out in the Sexual Offences Act 2003. The Act covers a wide range of conduct and includes offences such as sexual assault, assault by penetration, rape, causing/ inciting sexual activity, and offences relating to consent, capacity, and age. It also includes offences involving images, online behaviour, and abuse of positions of trust.

Key points in plain English:

• Consent: The law focuses on whether the complainant freely agreed—and whether they had capacity to agree.
• Reasonable belief: In some offences, a central question is whether the defendant had a reasonable belief in consent.
• Range of seriousness: Allegations vary considerably; sentencing and case strategy depend on the specific charge and evidence.

The police investigation: what typically happens

Arrest or voluntary interview

You may be arrested or invited to attend a voluntary police interview under caution (often called a “caution plus 3” interview). Although “voluntary” sounds informal, the stakes are the same: anything you say can be used in evidence. You are entitled to free and independent legal advice at interview—use it.

Sexual offence allegations fall within the wider field of general criminal defence, where procedural mistakes at an early stage can have long‑term consequences.

Your rights in an interview

• You have the right to a solicitor and to consult them privately before interview.
• You may choose to answer, give a prepared statement, or remain silent. The best approach depends on the case; your solicitor will guide you.
• Interviews are conducted under PACE (Police and Criminal Evidence Act) rules, recorded, and disclosure of key evidence should be provided before interview. In practice, disclosure can be limited at this stage—another reason why representation matters.

Digital evidence and devices

In many cases, police may seize and examine phones, computers, and social media accounts. They can download and analyse messages, photos, location data, and app history. Your legal team can challenge scope, relevance, and reliability where appropriate.

Bail or Release Under Investigation (RUI)

After interview, you may be:

• Released on bail (possibly with conditions), or
• Released under investigation (RUI), with no set conditions but ongoing scrutiny.

Investigations can be lengthy—months or longer—especially where digital evidence or third‑party material (e.g., medical or counselling records) is requested. Your solicitor can chase progress, manage bail conditions, and press for disclosure.

How the CPS decides whether to charge

The Crown Prosecution Service (CPS) applies the Full Code Test in most cases:

1. Evidential Test: Is there a realistic prospect of conviction on the available evidence?
2. Public Interest Test: Is a prosecution in the public interest?

If evidence is incomplete, the CPS may use the Threshold Test in limited circumstances (usually in custody cases) pending further evidence. Defence solicitors scrutinise credibility, consistency, corroboration, digital trails, and non‑disclosed material—all of which can impact charging decisions.

Why early legal advice is critical

The earlier you involve a specialist defence lawyer, the better. Here’s why:

• Interview strategy: Deciding to answer, provide a prepared statement, or remain silent can have significant consequences. Your solicitor will calibrate this to the available disclosure and case theory.
• Disclosure management: Police may provide minimal initial disclosure. Defence can request additional material and ensure your account is recorded accurately.
• Evidence preservation: Messages, photos, location history, and witness accounts can be lost or altered. Defence lawyers move quickly to preserve and gather exculpatory evidence.
• Legal risk reduction: Unrepresented interviews risk misinterpretation, contradictions, or omissions. Skilled representation helps prevent avoidable harm.
• Early representations: Lawyers can send pre‑charge submissions to the CPS highlighting weaknesses or requesting no further action (NFA).

Common defence approaches in sexual offence cases

Every case is unique, but experienced defence teams often examine:

• Inconsistencies and reliability: Timing, sequence of events, message history, and witness accounts.
• Consent and reasonable belief: Carefully evidenced, never speculative, and handled with respect.
• Forensic and digital analysis: Device downloads, metadata, location data, and expert assessment.
• Third‑party material: Medical, counselling, or social media records may be relevant; disclosure rules are strict and must be properly navigated.
• Procedural fairness: Compliance with PACE, ID procedures, bad character evidence rules, and disclosure duties.

False or misleading allegations—careful, balanced dandling

While many complaints are genuine and must be treated seriously, the justice system recognises that not all allegations result in charges or convictions. Credibility is assessed on evidence, not assumptions. Your lawyer will:

• Maintain a professional, respectful tone toward all parties.
• Test the evidence under the proper legal standards.
• Seek NFA or discontinuance where the evidential test isn’t met.

This balanced approach protects your rights without minimising the sensitivity of these cases.

The human impact: career, reputation, family

Allegations can trigger:

• Work suspension or regulatory reporting (especially in regulated professions).
• Reputational harm online and offline.
• Stress and mental health strain for you and your family.

A good defence team recognises this human dimension—offering clear updates, realistic expectations, and signposting to support services when appropriate.

If you’re contacted by police—what to do immediately

1. Don’t delay: Contact a specialist criminal defence solicitor before any interview.
2. Don’t discuss the case publicly: Avoid posting on social media or contacting complainants/witnesses.
3. Preserve evidence: Keep relevant messages, photos, and records. Do not delete or alter anything.
4. Follow legal advice: Your solicitor will prepare you and attend interview, protecting your rights.

Next steps: working with a specialist sexual offence defence solicitor

From the first call, a specialist lawyer can:

• Explain the process in plain English.
• Prepare for interview and attend with you.
• Request disclosure and push for missing material.
• Identify and secure defence evidence (digital, witness, expert).
• Make early representations to police/CPS to avoid charge where possible.
• Defend robustly in court, if the case proceeds.