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Sexual
Offences

Have you been charged or investigated in connection with a sexual offence?

This can include a range of non-consensual crimes such as rape or sexual assault, crimes against children including child sexual abuse or grooming, and crimes that exploit others for a sexual purpose, whether in person or online.

Sexual Offences are crimes which are committed primarily but not exclusively by men.

The passage of time does not prevent the successful prosecution of such cases.

Consent is defined as someone engaging in sexual activity if they agree by choice and they have the freedom and capacity to make that choice [ S74 of the Sexual Offences Act 2003]

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How will the issue of consent be looked at

When there is an allegation of rape or sexual assault, prosecutors will consider consent in two stages:

By considering whether the complainant had the capacity to choose whether (or not) to take part in sexual activity, for example whether the use of drugs or alcohol may have affected their ability to consent, and

By considering whether the complainant was free to make the choice, and not constrained in any way.

What is Rape?

The offence of rape is when a person uses their penis without consent to penetrate the vagina, mouth, or anus of another person. As the offence requires a penis and penetration a person without a penis cannot commit rape. However, a female may be guilty of rape if they assist a male perpetrator in an attack.

Assault by Penetration?

The offence of Assault by penetration is where a person intentionally penetrates the vagina or anus of another person with any part of their body or an object without that person’s consent. The penetration must be sexual.

Sexual Assault?

The offence of Sexual assault is where a person intentionally touches another person sexually without their explicit consent. The non-consensual touching can be done with any part of the body or with an object.

Child Sexual Abuse?

The offence can be committed by other children and by both men and women.

A Child is defined as any person under the age of 18. Such offences involve forcing or inciting a child to take part in sexual activity, regardless of whether the child is aware of what is happening and/or the level of violence.

Child Sexual Abuse may involve physical contact such as rape or oral sex, or non-penetrative acts such as masturbation, kissing, rubbing, and touching outside of clothing.

Child Sexual Abuse can also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or exploiting or grooming a child in preparation for abuse (including via the internet) or prostitution.

Pornography

Such offences can involve:

Extreme pornography - images that are grossly offensive

Disclosing private sexual images without consent (Revenge pornography)

Indecent images of children – it is an offence to take, to permit to be taken, to make, to possess, show or to distribute or publish an image of a child posed or pictured indecently (in a sexual way)

Sexual offence cases defended by GQS Solicitors

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R v MS (Birmingham Crown Court)

Successfully represented  a father accused of sexual abuse (rapes and indecent assaults) between 1996 to 2006 of three young females.

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R RL (Birmingham crown court)

Successfully represented grandfather accused of sexual abuse against his three grandchildren.

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R v SB (Birmingham Crown Court)

Successfully represented defendant accused of rape by his former girlfriend (serving police officer).

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R v AR (Birmingham crown court)

Represented retired police detective accused of historical sexual abuse against numerous victims over two decades.

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R v Dh (Coventry Crown Court)

Successfully represented father accused of sexual assaults on his step daughter.

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R v SB (Coventry Crown Court)

Represented father accused of historical allegation of sexual abuse.

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R v BK (Wood Green Crown Court)

Represented father accused of sexual abuse of nieces.

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R v MM (Nottingham Crown Court)

Representing an uber driver accused of rape.

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R v KL (Warwick Crown Court)

Representing defendant accused of sexually assaulting two sisters over a period of 3-4 years.

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R v VH (Birmingham Crown Court)

Representing grandfather accused of rape of his niece over number of years.

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R v AA (Warwick Crown Court)

Representing defendant accused with others  of trafficking complainants for sexual exploitation.

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[Warwick CC case – raping step daughter]

Download and read the Sexual Offences Sentencing Guidelines

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