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Katie Forrest of Forrest Williams

Katie Forrest of Forrest Williams

 

Sexual Offence Defences: Insanity

 

A person may use the defence of insanity against any sexual offence.  It must be shown that they were insane at the time of the offence, and this insanity can be permanent or temporary.

 

Insanity can include mental illness, epilepsy, sleepwalking or intoxication.

 

It must first be proved that the accused did commit the offence, and it must then be proved that they were insane at the time of the offence.

 

Insanity must relate to a ‘disease of the mind’, a somewhat misleading description as it can include, for example, acts committed whilst suffering from a diabetic attack.

 

If you believe that you may have grounds to argue insanity as a defence against a sexual offence, it is vital that you appoint a specialist team to prepare your case and represent you at Court.

 

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