Archive for the ‘Sexual Offences’ Category

Turning Sex Into A Crime: Do Rape Laws Go Too Far?

Posted on: February 13th, 2015 by steve

We were interested to read the article by barrister, Jon Holbrook, on Spiked Online regarding rape laws and the treatment of drunken, regrettable sex as the crime of rape.

The article says, amongst other things,

There is a line to be drawn between sex that is criminal and sex that lacks the criminal culpability to warrant a lengthy prison sentence. In recent years, that line has moved so that those who deserve the shameful tag ‘rapist’ are now joined by some who do not.

We support the basis of this article entirely, and this classification of men who take advantage of casual sexual encounters and end up facing charges of rape is a large part of the reason why the Forrest Williams team are so dedicated to defending innocent people against sexual offence charges.

Sex is not a crime. Drunken sex is not a crime. Drunken sex that you regret the next morning is not a crime. Drunken sex that you regret when your partner finds out about it, is not a crime.

If you are being charged with a sexual offence, contact us now on 01623 397200.

We’ll fight for you, because we believe in you.

Revenge Porn – Up To Two Years Custody Under New Laws

Posted on: February 13th, 2015 by steve

New legislation will make it easier for cases of Revenge Porn to be prosecuted and, if convicted, you will face up to 2 years’ custody and a fine.

Revenge porn is the sharing of private photos or videos of a sexual nature of another person without that person’s consent and with the intention of causing distress.

Whilst often associated with online file sharing through social media, the offence applies to both online and offline sharing, so showing someone a physical photograph and sharing images or videos by text message will also become illegal.

A selection of eight police forces in England and Wales reported 149 allegations of revenge porn being made between 1 January 2012 and 1 July 2014. This number will only increase as more attention is given to the offence.

If you are charged with this offence, it is vital that you seek expert advice immediately. The background around the file sharing, and the context of the sharing, are vital in order to defend or mitigate your case, and preparation work will need to be undertaken immediately.

Contact us now for an initial free consultation on 01623 397200.

Sexsomnia: Is Sleepwalking A Defence For Sexual Offences?

Posted on: January 28th, 2015 by steve

Sexsomnia: Can Sleepwalking Be A Defence For Sexual Offences?

There has been recent media attention given to the use of sleepwalking as a defence against charges of rape and sexual assault.

What is Sexsomnia?

Sexsomnia is a recognized sleep disorder that causes the person, usually male, to carry out sexual acts ranging from sexual talking to sexual intercourse whilst asleep. The condition is usually first discovered during a person’s 20s or 30s, and typically sufferers of the condition have no recollection of the sexsomnia once awake. Sexsomniac incidents can be prompted by the mere presence of a person next to the sufferer, or the sufferer being nudged or touched as they sleep.

Can Sleepwalking Be A Defence for Sexual Offences?

These cases of sexsomnia (officially recognized as a sleep disorder in the International Classification of Sleep Disorders in 2005) are challenging and should not be entered into too quickly. Skilled case preparation and robust advocacy in court will be required if a sleepwalking defence is to be successful.

Sexsomnia as a defence falls within the area of automatism, meaning cases where a person totally lacked control of their body at the time of the offence not due to their own fault, and will be treated as such. Automatism is a defence available for all crimes. The defence of automatism requires that a judge must decide as a point of law whether there is the evidential basis for the defence to be presented. Expert reports will be required to establish this.

The judge will have to distinguish between insane automatism and non-insane automatism and decide which is appropriate in the case. Findings of insane automatism will result in a verdict of not guilty by reason of insanity and the defendant will be made subject to a hospital order, a supervision order or an absolute discharge. Findings of non-insane automatism will result in an acquittal.

If you believe that sexsomnia could be a defence against a sexual offence you are charged with, call us urgently on 01623 397200 for free initial advice.

Criminal Defence Blog

Archive for the ‘Sexual Offences’ Category

Turning Sex Into A Crime: Do Rape Laws Go Too Far?

Revenge Porn – Up To Two Years Custody Under New Laws

Sexsomnia: Is Sleepwalking A Defence For Sexual Offences?

Forrest Williams TV