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Criminal Defence Blog

Archive for the ‘Sexual Offences’ Category

The Cases We Refuse To Accept

Katie Forrest of Forrest Williams

Katie Forrest of Forrest Williams

 

As a specialist criminal defence law firm offering private representation, and not conducting any Legal Aid work, Forrest Williams pride ourselves on only accepting cases that we feel strongly about.

 

We frequently turn down cases because we are not prepared to conduct certain types of work.

 

A recent example of this was Mr W, who contacted us looking for assistance in relation to a charge of sexual activity with a family member.

 

We are very proud to defend people charged with sexual offences.

 

Mr W, however, accepted the allegation and was not remorseful.  He could not understand why he was in trouble for having sex with his daughter, as she had allowed him to.  He explained that she was being treated as a vulnerable person because of mental health problems, but that he had also been through difficult times.

 

Mr W had several previous convictions for sexual offences, and had a similar reason why each of these were not really his fault despite him accepting every single one of the allegations made against him.

 

I informed Mr W that I was unable to take on his case, despite his assurances that money was no object and he would pay whatever fee I set.

 

Accepting sexual offence cases was a decision we did not make lightly.

 

We decided to assist people charged with sexual offences because we feel that, perhaps more than any other defendants, these people need a defence team who will fight passionately for them.

 

We are proud to accept many sexual offence cases, and provide a real support for clients and their families through awful periods.

 

We are also proud to have set boundaries, and to turn away some sexual offence cases, where defendants accept guilt and show no remorse.

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Is Intoxication A Defence To Sexual Offences?

 

Katie Forrest of Forrest Williams

Katie Forrest of Forrest Williams

 

Is Intoxication A Defence To Sexual Offences?

 

This is a common question.  If you are charged with committing a sexual offence and admit this, but only acted that way because you were drunk, does that act as a defence?

 

This is a complex legal issue and it is vital that you seek expert legal representation.  This post discusses the issue in general terms but does not amount to legal advice for your specific case, which must be assessed on its own merits.

 

Generally, the decision to advance a defence case based on intoxication should be considered very carefully.  The fact that you were intoxicated can become an aggravating factor that supports the prosecution case.

 

Accepting intoxication can be also undermine your evidence and cause you to be seen as less able to accurately remember the incident, making it difficult for you to convincingly deny the allegation.

 

Generally, voluntary intoxication will only form a defence where it causes you to be incapable of intending the consequences of your actions, or where you have drank yourself temporarily insane, in which case the defence to sexual offences would be insanity, not intoxication.

 

If you are involuntarily intoxicated, due to spiked drinks for example, this is a defence.

 

 

 

Am I Guilty Of A Sexual Offence If I Pretend I’m Someone Else?

Katie Forrest of Forrest Williams

Katie Forrest of Forrest Williams

 

A key issue with sexual offence cases is consent – did the complainant (the ‘victim’, in jargon-free language!) consent to the act?

 

However, there are cases where even if it is accepted that the acts took place with consent present, you could still be guilty of sexual offences such as sexual assault or even rape.

 

One of these scenarios arises whereby the victim argues that they only gave consent because you led them to believe you were someone else, and they believed this impersonation.

 

There are crucial points to note in relation to this.

 

Firstly, the prosecution must prove that you deliberately impersonated the person with the aim of inducing the victim’s consent.

 

Secondly, the impersonation must be of someone known personally (but not necessarily sexually) to the victim.  Impersonating a celebrity is not relevant to this issue.

 

Thirdly, the victim must have believed the impersonation.  If they didn’t believe it, or didn’t care either way as to whether it was genuine, this cannot be said to be the reason for consent.

 

This issue is of particular importance currently, with considerable attention focused on the question of whether an online contact is someone known personally and, therefore, whether impersonation of an online contact of the victim to induce consent would cause you to be found guilty of a sexual offence.

 

This is a complex legal issue and if you feel it may be relevant to a sexual offence case you are facing, you will need specialist sexual offence solicitors on your side.

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