HISTORICAL SEXUAL ALLEGATIONS

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Allegations of historical sexual offences—where the alleged incident occurred years or even decades ago—can be turn your world upside down . These cases often arise without warning and usually involve no forensic evidence, instead relying heavily on the credibility of witness accounts and memories over time.

At Sexual Offence Defence, we understand the emotional and reputational weight these accusations carry. Our team has extensive experience defending clients in historical sexual allegation cases, offering sensitive, strategic, and robust legal support from the outset.

A historical sexual allegation refers to an accusation of sexual misconduct that is said to have occurred in the past, often decades ago. Despite the passage of time, such allegations are investigated and prosecuted with the same seriousness as recent offences.

Importantly, there is no time limit for reporting a sexual offence. This means you can be investigated or charged long after the alleged event occurred—even if you believed the matter had been put to rest.

Understanding the legal framework is key. The law in place at the time of the alleged offence determines how the case is charged.

The Sexual Offences Act 1956 was the key piece of legislation governing sexual offences in England and Wales before 2004. The 1956 Act distinguished between indecent assault and sexual assault, treating them as separate offences.

• Indecent assault is set out under sections 14 and 15 of the 1956 Act.
   
• The modern equivalent, sexual assault, is found under section 3 of the Sexual Offences Act 2003.
   

Although the 2003 Act replaced the 1956 Act on 1 May 2004, the 1956 legislation still applies to any offences alleged to have occurred before that date. A number of activities previously prosecuted as “indecent assault” now fall under modern offences such as sexual assault, assault by penetration, or rape under the 2003 Act.

Defending historical sexual allegations requires:

• Thorough analysis of historical context
   
• Strategic examination of memory and motive
   
• Consideration of the relationship (if any) between the parties
   
• Challenging credibility through inconsistencies or delay in reporting
   

Early legal intervention is critical. Even before any charge is brought, we work proactively to examine the strength of the evidence, interview key witnesses, and submit pre-charge representations to argue that the case should go no further.

Facing a historical allegation can feel overwhelming, especially when the events in question are long behind you. Our specialist team is here to support and guide you at every stage—with discretion, clarity, and expert strategy.

If you’ve been contacted by the police or believe a historical allegation may be made against you, don’t wait. Contact us today for immediate and confidential advice.