Sexual offences are amongst the most difficult cases. The issues are usually highly emotional and it is essential that the defence solicitor is not judgememental but rather makes a cool and professional assessment of the evidence and of their clients instructions.
Both women and men can be victims of rape. The principal issue in most rape cases is consent. Usually this is matter for the jury but there are some cases where the court will presume that the victim has not consented. These include:
- Where the alleged victim is under 16 years of age
- Where the alleged victim is unconscious or asleep
- Where the alleged victim has a disability that might stop them communicating their consent
- Where the alleged victim has been drugged
- Where the alleged victim is being held against their will
In any of the above cases it will be presumed that consent was not given and it will be up to the defendant to show that consent was given.
Occurs when a person intentionally touches another and the touching is sexual in nature. The prosecution also have to prove that the other person does not consent to the touching and that the defendant does not reasonably believe that the alleged victim consents.
The making or possession of indecent images of children is regularly prosecuted. The evidence is usually internet and computer based. Often the defendants are men with no previous convictions at all who are totally unfamiliar with the court and prosecution process. Defending these cases can be difficult absent the police having wrongly attributed ownership of a computer to the defendant. We have dealt with many of these cases and know best how to minimise sentencing in the absence of an arguable defence.
Conspiracy to rape
The detection and conviction of groups of men systematically abusing young girls has led to further prosecutions for this offence. It is important to remember that “agreement” to commit the offence has to be proved. Moss & Co were recently successful in defending one of these multi-handed cases.
Moss & Co provide free 24 hour police station advice. We will be pleased to advise and assist you even if the duty solicitor attended the police station. Contact our 24 hour hotline on 0208 533 0615 at any time to speak to one of our expert criminal solicitors. We promise you will get the very best advice
We cover all types of criminal offences but have special expertise in investigations and prosecutions for:
- Sexual offences
- Indecent images
- Offences against children
- Assault - GBH, ABH
- Benefits Fraud
- Housing Fraud prosecutions
- Conspiracy charges
- Firearms offences
- Drugs offences including importation and supply
- People trafficking
- Benefit fraud