Court of Appeal quashes immediate custodial sentence after sentencing judge had suggested it might be suspended if defendant pleaded guilty
August 25, 2026
Sexual offences
If you are being investigated or have been charged with an offence of a sexual nature, our specialist criminal defence solicitors can provide expert legal advice and representation.
You may have been arrested and/or interviewed by the police. You may have been ‘released under investigation’ or on bail (possibly with conditions). As there can be serious consequences arising from a conviction it is important that you seek legal advice at an early stage.
Below are some of the most frequently asked questions from those under investigation or subject to prosecution for an alleged sexual offence.
Sexual offences
If you are being investigated or have been charged with an offence of a sexual nature, our specialist criminal defence solicitors can provide expert legal advice and representation.
What is a sexual offence?
There are a wide range of different sexual offences. The Sexual Offences Act 2003 consolidated and updated previous law and legislation in this area. Any alleged offence which took place after 20 November 2003 will be investigated (and if applicable prosecuted) by reference to this Act. Any alleged offence which took place before this date will be investigated by reference to the previous legislation.
What will happen if I am accused of a sexual offence?
The police are likely to want to interview you under caution in the first instance. In most circumstances, this interview will take place in voluntary conditions but it is possible that you could be arrested. Please see our guide to police investigations and interviews.
What will happen after I am interviewed?
You are likely to be ‘released under investigation’ or on bail (although there are restrictions on police bail). The case is likely to be referred to the Crown Prosecution Service for a decision to be made as to whether there is sufficient evidence to warrant a prosecution.
What is ‘consent’?
The definition of ‘consent’ can now be found in section 74 of the Sexual Offences Act 2003 as agreement by choice, where there is freedom and capacity to make that choice. There are certain ‘presumptions’ about consent contained in sections 75 and 76 of the Act. However, it is important to recognise that the relevant provisions require the prosecution to prove that the accused did not have reasonable belief in consent.
Trial
Some sexual offences are technically classed as ‘either-way’ offences. This means that you will be able to elect to be tried in the Crown Court by a jury. In practice, the Magistrates’ Court will often decline jurisdiction in any event. More serious offences, such as rape are triable only in the Crown Court. See our separate guide for Crown Court trials. Your solicitor will brief a barrister to represent you at trial.
