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Criminal Defence Blog

What is the Required Standard of Consent for Sexual Offences?

Posted on: January 12th, 2015 by steve

What is the Required Standard of Consent for Sexual Offences?

 

We are contacted frequently by people who have been accused of sexual offences but who state that while sexual activity did take place, it was consensual.

 

This raises a common question: what is the required standard of consent?

 

A sexual offence will not have occurred where the complainant consented to the actions of the accused or where the accused had reasonable grounds to believe that consent had been given.

 

The complainant must have been old enough to give consent, and consent is never a relevant factor where the complainant is under 13 years of age.

 

If the complainant was asleep or unconscious, the court will presume that consent was not given.

 

Whether it is plausible that the accused would have reasonably believed that the complainant had given consent will be judged based on all circumstances of the specific case.

 

If you are being investigated for, or charged with, a sexual offence, it is important that you seek legal advice as soon as possible.  Our team are ready to take your call, without judgement, on 01623 397200.

 

 

What is a Domestic Violence Protection Order (DVPO) ?

Posted on: January 9th, 2015 by steve

What is a Domestic Violence Protection Order (DVPO) ?

 

Domestic Violence Protection Orders (DVPOs) were introduced across England and Wales in March 2014 as part of the Call to End Violence Against Women and Girls action plan.

 

Under the DVPO scheme, police and magistrates have the power to ban a domestic violence perpetrator from returning to their home or having contact with the victim for up to 28 days in the immediate aftermath of a domestic violence incident.

 

An initial temporary notice, the Domestic Violence Protection Notice (DVPN) can be issued when authorised by a senior police officer, and this is then followed by a DVPO which will be imposed at the magistrates’ court.

 

When is a DVPO imposed?

 

DVPOs are often imposed where there is not sufficient evidence to charge the perpetrator with a criminal offence.

 

Does the victim have to consent to the DVPO?

 

No, the victim doesn’t have to consent to the DVPO or even have provided a statement to the police.

 

When does a DVPN become a DVPO?

 

The initial temporary notice lasts for 48 hours.  If a longer-term order is to be granted, the police must make an application to the magistrates court to hear their case within 48 hours of the notice being issued.

 

What is the criteria for a Domestic Violence Protection Order being issued?

 

The magistrates court must be satisfied that the following conditions are met:

  • they are satisfied that on the balance of probabilities the perpetrator has been violent towards or has threatened violence towards the victim
  • they believe that the order is necessary to protect the victim from violence or threat or violence

 

How long does a DVPO last?

 

The order will be for a minimum of 14 days and a maximum of 28 days.

 

What happens if the order is breached?

 

Any breaches of the order will result in the perpetrator being arrested, where they may be remanded in custody and brought before the magistrates court.

 

If you are someone you know are being accused of domestic violence offences, call the Forrest Williams legal team for a free initial consultation, on 01623 397200.

Imperial Consolidated Group Fraudster Ordered To Pay £1.5m

Posted on: November 20th, 2014 by steve

 

A former director of investment firm Imperial Consolidated Group who was convicted for his part in a global fund conspiracy has been ordered to pay a confiscation order of £1,458,317.65.  All money obtained from this will be paid out in compensation to victims.

 

William Godley was convicted in 2010 for conspiracy to defraud in an international scheme that attracted over £250m from approximately 3,000 investors, including Premier League footballers and actor, Wesley Snipes.  The investors believed that their money would be used to finance a commercial loans business from which they would gain interest. Instead the money was funding Mr Godley’s lavish lifestyle as he claimed a salary of over £60,000 per month.

 

Mr Godley was sentenced to three years and six months imprisonment and disqualified for acting as a company director for six years in August 2010.  His colleagues, Jared Brook and Lincoln Fraser, were cleared of allegations in their own separate trials.

 

SFO Proceeds of Crime investigator, Paul Wilson said:

 

“The Court found that Mr Godley had benefitted substantially from his criminality and the order made today reflects this. Despite his guilty plea, this has been an extremely protracted legal process but the SFO is committed to ensuring that fraudsters do not benefit from their crimes. If he does not pay, Mr Godley faces a further period of imprisonment and the SFO will take steps to enforce the order so that his victims can finally receive some compensation.”

 

Mr Godley was given six months to pay the confiscation and a three year sentence of imprisonment in default of payment.

 

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