Historical sexual offences involve claims of sexual offences that occurred a while back in time, including sexual assault, rape, or child sexual abuse.

Those needing legal representation as the victim of historical sexual offences are understandably going through a distressing time. A lot of guilt can be attributed to coming forward, especially from people involved in your personal life. If you are investigating the options for legal proceedings, we understand that this is a brave move and a good direction to gain justice for yourself. Our team of empathetic and dedicated solicitors can support you and defend your rights.

If you are under investigation for historical sexual offences, this can be a daunting and stressful time. Allegations can have long-lasting adverse effects to your personal and professional life, as well as irreversible damage to your reputation. For this reason, it is essential that you get specialist legal advice to defend your rights from the very start.

Our team at Atesh solicitors have years of experience with clients involving cases of rape and sexual offences. We advise you to seek proper legal advice for the most well-suited professional support. It is important that you get the best outcome possible for your case, with the least harm to yourself.

The sentences for person’s charged with historical sexual offences differ according to the offences

• Rape has a maximum sentence of life imprisonment

• Sexual intercourse with a girl under 13 has a maximum sentence of life imprisonment

• Indecency with a child has a maximum sentence of imprisonment for 2 or 10 years and this will depend on the date that the offence occurred

For more information regarding sentences and advice, please call our offices…

Persons charged with historical sexual offences may be able to rely upon defences. The defences relate to the credibility and reliability of the alleged victim, as those under investigation will be based on an alleged abuse that occurred in the past. Statements from witnesses who can testify for your case can strengthen your defence.

For more information about defences, please contact our office for advice or an initial discussion.

If you have been accused of Rape, it is very likely that you will be arrested and questioned at a Police Station. If this happens, it is vital to seek legal advice from our experienced and professional solicitors as soon as possible before you are interviewed. Legal representation and advice at the Police Station are free of charge. You can read about Legal Aid and other fees here.

For a confidential discussion, please call us on 0207 101 4127.

Rape is a particularly serious offence and must only be heard in the Crown Court.

Rape is one of the most common offences covered by the Sexual Offences Act 2003. It is defined under Section 1 of the Act as “one person’s intentional penetration of the vagina, anus, or mouth with the penis, whereby the other person has not consented to the act.” By this legal definition, only a man can commit rape as the penetration must be with a penis.

In many cases, for the Prosecution to show a Defendant is guilty, they must persuade the Jury of the following:

• That the Defendant intentionally penetrated the mouth, anus or vagina of the complainant with his penis

• That the complainant did not consent to it at the time of penetration

• The Defendant did not reasonably believe that the complainant consented to the penetration at the time

The Prosecution evidence in a Rape case is usually very complicated and heavily reliant on forensic evidence as well as Witness Statements from the complainant. Defending allegations to this offence can be complex and investigations can be lengthy. Each case is different and comes with its own set of circumstances. We will meticulously scrutinise the evidence served by the Prosecution and leave no stone unturned to ensure you have the best possible outcome.

We work with leading Digital Expert to build a defence including, mobile phone forensics, computer forensics and cell site analysis.

Consent from the complainant as well as the age of the complainant are of great importance and most Rape cases focus wholly on the issue of consent. The Sexual Offences Act 2003 reformed Rape and Sexual Assault Offences following acknowledgement that the laws needed to be revised. Part of the revisions introduced a statutory definition of consent. The previous law did not define consent, it simply provided a vague explanation as to how it could be given. The statutory definition for consent is now: “a person consents if they agree by choice and has the freedom and capacity to make that choice.”

According to the law, consent can be withdrawn at any time. It is necessary to show that the Defendant believed that the complainant genuinely consented for sexual activity to happen. Anybody under the age of 16 is considered to be a child. Children cannot provide consent.

If you are convicted of Rape, in addition to a significant prison sentence, the Courts have the power to impose certain requirements for an individual, such as signing onto the Sex Offenders Register and abiding by certain terms of a Sexual Offences Prevention Order, also known as a SOPO.

The maximum sentence for Rape is life imprisonment.

For a confidential discussion regarding your case, please call us today on 0207 101 4127.

Sexual Assault is contrary to Section 3 of the Sexual Offences Act 2003. The severity of these allegations could mean that the case is heard at the Crown Court. This offence is committed when a person intentionally touches another person, when that touching is sexual, the other person does not consent, and the Defendant does not reasonably believe that they were giving consent.

Similar to the offence of Rape, Sexual Assault cases focus predominantly on consent. This will need to be considered in great detail before receiving legal advice.

We will analyse the Prosecution evidence fully and provide you with our expert opinion on the strengths and weaknesses of the case.

The maximum sentence for Sexual Assault is 10 years imprisonment.

It is of absolute importance to seek immediate and experienced legal advice as soon as possible. To have a confidential discussion, please call our offices on 0207 101 4127.

Sexual Offences against children are defined in the Sexual Offences Act 2003. Sexual Offences against children cover a vast range of offences which fall into several different categories, depending on the age of the child. Many of these offences carry a maximum sentence of life imprisonment. For a confidential discussion pertaining to your case, please call us today on 0207 101 4127.

Although anybody aged 16 or under is considered to be a child and therefore unable to consent, Sexual Offences can be committed against children between the ages of 16 years old – 18 years old as well, even if they consent to the sexual act. This could be because some people have a responsibility in their relationship with that child who would override any consent that the child may have provided. These commonly include:

A. Abuse of position of trust: this offence is aimed at protecting children aged 16 or 17 years old who are considered to be vulnerable to exploitation by someone in position of authority.

B. Sexual offences within the family: this offence is aimed at people such as parents, family members, adoptive parents and foster parents.

It is not uncommon for Defendants to be charged with multiple child sexual offences as offence categories can overlap.

The Serious Crime Act 2015 incorporated a new offence into the Sexual Offences Act 2003 (Section 15A), to make it an offence to engage in communication with a child under the age of 16 for the purpose of obtaining sexual gratification. The communication must be of sexual nature and/or intended to encourage a child to participate in sexual communication. This offence very commonly takes place in online chat rooms or on social media. Defendants who are facing these allegations may have a defence if they can show that they reasonably believed that the person who they were communicating with, was over 16 years of age.

It is of vital importance to contact us at the earliest possible opportunity so we can begin building your defence.

Sentences and penalties for child sexual offences range from non-custodial sentences to life imprisonment. The sentence will depend on what category the offence falls within and other various factors such as aggravating and mitigating factors.

If you are convicted of a child sexual offence, you will be required to comply with a Notifications Requirement, commonly known as the Sex Offenders Register.

To have a confidential discussion, please call our offices on 0207 101 4127.

Causing or inciting sexual activity to a minor is a serious offence.

Being charged with sexual offences can be immensely stressful, especially if the person being charged is underage. The investigation process can be concerning for those accused, as well as their family, as the consequences of the case can have far reaching affects for the person’s future.

If you or someone you know is arrested and are being investigated on suspicion of causing or inciting sexual activity, contact us immediately. Our telephone lines…

If you or someone you know has been the victim of causing or inciting sexual activity, we understand that this is very hard period to go through. The mental challenges of the incident in itself are deeply troubling. Dealing with legal proceedings on top of this can make a mountain of trouble even worst. To guide you through the process, we advise you to get proper legal support from experienced solicitors.

Covered by the Sexual Offences Act 2003, the offence criminalises conduct that intentionally causes or incites a child under 13 to participate in sexual activity.

A person can be charged with causing or inciting a child to engage in sexual activity if:

• The person is aged over 18

• Intentionally causes or incites another person to engage in the activity

• The activity is sexual in nature

And

• Either that the other person is under 13; or

• That the defendant does not reasonably believe the person is over 16

The activity must be sexual, and this encompasses penetration of:

- Anus, vagina or mouth

Causing or inciting means

1. Penetrative activity

2. Non-penetrative sexual activity

The offence covers circumstances of facts where sexual activity has not taken place.

The sentences will differ according to whether the conduct was inciting penetrative or non-penetrative activity.

Non-penetrative conduct is an either way offence and has a maximum sentence of 14 years imprisonment. Penetrative conduct is an indictable only offence and has a maximum sentence of life imprisonment.

To have a confidential discussion, please call our offices on 0207 101 4127.

The rise of smart phones, chat rooms and web-based applications has given everyone the opportunity to take photographs, videos, make alterations and distribute them. It has also become an opportunity for people to take and share intimate photographs and videos which may have been taken in the course of a consensual sexual relationship.

Many individuals may be familiar with the concept of Revenge Porn. A typical example would be an individual uploading and/or distributing private sexual images and/or videos of a former partner.

Revenge Porn cases can be heard in either a Magistrates Court or a Crown Court, depending on various factors, including the severity of the offence.

The Criminal Justice and Courts Act 2015 introduced the specific offence of ‘Revenge Porn’ due to the increasing numbers of reports of this type of behaviour. It became an offence to ‘disclose private sexual photographs and films, without the permission of the individual who appears in the photograph or films, with intent to cause distress.’

A photograph or film is considered to be ‘private’ if it shows something that would not ordinarily be viewed in public. For it to be considered ‘sexual’ it must:

• Show an individual’s exposed genitals or public area (completely or partially)

• Show something that a reasonable person would consider to be sexual because of its nature

• The contents, taken as whole, is such that a reasonable person would consider it to be sexual

Defendants who were accused of similar behaviour were previously charged with Malicious Communications or Harassment, however, since the new offence has been introduced, individuals will be charged under the new law.

The Criminal Justice and Courts Act 2015 allows for certain defences for Revenge Porn, as follows:

• It is a defence if the defendant can prove that he or she reasonably believed the disclosure was necessary for the purposes of preventing, detecting or investigating a crime

• It is a defence if the material is disclosed, in the course of, or with a view to publication of journalistic material and that the defendant reasonably believed that publication is in the public interest

• It is a defence if the defendant reasonably believed that the photographs and/or films had previously been disclosed for reward and that the defendant had no reason to believe that the previous disclosure for reward was made without the consent of the individual in the photographs and/or films

This offence carries a maximum sentence of two years in prison custody for severe cases and is known to be more serious if the distribution is intended to cause distress or humiliation, if the images/videos were circulated widely and if there is a significant degree of premeditation and planning. It can also be punished by way of a fine, or a community order.

We will be able assist and provide you with clear and coherent advice though your proceedings. To have a confidential discussion, please call our offices on 0207 101 4127.

Child grooming is an offence that covers people with a sexual interest in children.

Child grooming offence covers both online and in person grooming.

With the rise in the use of social media, as well as the average age of children using online platforms, online grooming has been on the rise. The existence of grooming gangs are a degrading and destructive crime involving children and is a significant concern for the general public.

The statistics around child grooming are worrying, with over 6,000 cases reported in the years 2021 to 2022. There were almost 120 offences per week. Furthermore, research revealed that 82% of these cases were against girls mostly around 12-15 years of age.

More information on child grooming statistics can be found

https://www.nspcc.org.uk/about-us/news-opinion/2022/online-grooming-crimes-rise/

We are here to defend your rights at every stage. If someone you know has been the victim of child grooming, we empathise with you and are here to support you from the outset. Our legal experience around sexual offences and years of defending our clients, we are committed to helping you gain justice in the legal system.

We will be able assist and provide you with clear and coherent advice though your proceedings. To have a confidential discussion, please call our offices on 0207 101 4127.

A person can be charged of child grooming if they meet a child following sexual grooming. Sexual grooming is the term describing where a person builds a relationship with a child or an adult at risk with the intention of abusing and manipulating them into doing things sexual in nature.

Child grooming offence carries a sentence of a maximum penalty of 14 years imprisonment.

If you or someone you know is being accused of child grooming allegations, this can be a very confusing and stressful time. Being accused of sexual offences, especially conduct related to children, can have debilitating consequences to your personal and professional life and reputation. A strong defence must be prepared and to proceed cautiously. Professional legal advice can help ensure you achieve the best possible outcome for your case with the least damage done to your personal and professional life.

Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

Our experts work in a professional manner to offer expert advice for anybody accused of downloading, making or possessing Indecent Images of Children. For person’s accused of conduct related indecent images of children, it can be very stressful and worrying. Charges related to indecent images of children ca be severe, alongside the charges, your reputation can be jeopardised, along with adverse effects to you personal and professional life. It is important to have proper legal representation in order to help navigate this complex area of law.

To have a confidential discussion, please call our offices on 0207 101 4127.

The Protection of Children Act 1978 and the Criminal Justice Act 1988 covers the offence of Indecent Images. The offence is committed if a person takes, shares, makes or possesses indecent images of children under the age of 18.

‘Making’ an indecent image is an extensive term, which includes the following:

• Opening an attachment or an email containing an indecent image

• Downloading an indecent image from a website onto a device such as a mobile or a laptop

• Storing an image onto a device such as a mobile or a laptop

• Accessing websites in which indecent images appear as part of pop ups

A number of lengthy and complex factors will be taken into consideration during a Police investigation and Court proceedings into Indecent Images, such as:

• The number of images owned

• The age of the child(ren) featured in the images

• The vulnerability of the child(ren)

• The amount of pain or distress suffered by the child(ren)

In addition to this, there are several categories under the Sexual Offences Guidelines which will also be taken into account, such as:

• Category A images or videos, which show penetrative sexual activity

• Category B images or videos, which show non-penetrative sexual activity

• Category C images or videos, which show erotic posing

The Court will also take into consideration whether the images were deliberately stored, and the Judge will perceive the risk posed by the person who is alleged to have been in possession of the images and/or videos.

There are a range of penalties that a defendant may face, from a community order to a custodial prison sentence of up to 10 years. Further to his, a Defendant may be required to sign on to the Sex Offenders Register.

For a confidential discussion pertaining to your case, please call us today on 0207 101 4127.

Cybercrime offences are the general term used to describe offences that are enabled through the use of cyberspace to commit criminal conduct.

Through the growing landscape of technology, the cyberspace has become the vehicle for sexually motivated forms of offences. Women and girls have been the main targets for disclosing private sexual images without consent, cyber stalking and harassment, although not the sole victims. Alongside this, the cyberspace enables perpetrators to plan, organise and orchestrate acts of violence such as physical sexual abuse.

Offences that fall under this general term include:

• Disclosing private sexual images without consent

• Child sexual offences

• Indecent images of Children

• Child sexual abuse

• Online grooming

Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.

Those needing legal representation as the modern day slavery is understandably going through a distressing time. A lot of guilt can be attributed to coming forward, especially from people involved in your personal life. If you are investigating the options for legal proceedings, we understand that this is a brave move and a good direction to gain justice for yourself. Our team of empathetic and dedicated solicitors can support you and defend your rights.

If you are under investigation for modern day slavery, this can be a daunting and stressful time. Allegations can have long-lasting adverse effects to your personal and professional life, as well as irreversible damage to your reputation. For this reason, it is essential that you get specialist legal advice to defend your rights from the very start.

Modern day slavery is covered by the Modern Slavery Act 2015, defined as “An Act to make provision about slavery, servitude and forced or compulsory labour and about human trafficking”

The term slavery means very heavy labour without proper pay that is forced.

The term slavery has broader meaning and refers to the denial of freedom and the forceful coercion of another to provide services.

A person can be charged of modern day slavery if they knowingly require another person to perform forced or compulsory labour. The term ‘labour’ encompasses:

• Forced labour

• Sexual exploitation

• Removal of organs

• Securing services by force, threats or deception

The sentences will depend on the specific offence committed under labour.

• Child sexual exploitation – group exploitation/ single exploiter

• Forced sex work in fixed location/ changing location

• Trafficking for personal gratification

The maximum sentences for person’s charged with offences that fall under modern day slavery is life imprisonment. The court may also have powers to confiscate assets, a reparation order, and confiscation of any land, ship or aircraft.

To have a confidential discussion, please call our offices on 0207 101 4127.