Sexual assault is a very distressing experience, and due to the sensitive nature of this violation, victims might not report what has happened to them right away – if at all.
There are many reasons why a victim may not come forward about a sexual assault for a long time – including being stuck in an unsafe environment, unable to process what happened to them until much later, or afraid that nobody would believe them.
If a person touches someone else in a sexual manner when they did not consent to it, this is a criminal offence under the Sexual Offences Act (2003). If the victim reports this crime and the perpetrator is charged and convicted in court, the offender could face up to 10 years in prison, or a lifetime sentence for sexual assault involving penetration.
Even if a victim takes years to report a sexual assault, the police will record their statement and take their allegations seriously – but what happens then? Here’s what you should know about investigations and charges for non-recent sexual assault allegations.
What is the statute of limitations for sexual assault in the UK?
The statute of limitations sets a maximum time limit after the commission of a crime for initiating legal proceedings against a defendant – also known as a prescriptive period.
In the UK, statutory limits only apply to the prosecution of ‘summary offences’. These are less serious offences that are tried in the Magistrates’ Court and generally result in lesser sentences on conviction. For example, minor motoring, criminal damage, or common assault cases.
However, more serious offences like severe sexual assault and rape are ‘indictable offences’ that are tried in the Crown Court, with maximum sentences up to life in prison. In England and Wales, there is no statute of limitations or ‘expiry date’ for indictable offences.
This means the police and Crown Prosecution Service (CPS) can bring charges against someone accused of committing sexual assault at any time – no matter how much time has passed between the offence taking place and the victim making a statement to the police.
How do the police investigate non-recent sexual assault claims?
When a victim comes forward to report a sexual crime to the police, they will ask the victim to make a statement, putting their allegations on record. Prompted by questions from the police, their full account may be written down, recorded on video, or both.
The victim’s statement should detail what happened, when, and where, and name the alleged perpetrator if the victim knows their identity. The police will then use this information to pursue lines of inquiry and gather evidence that may corroborate the victim’s allegations.
This can include gathering medical records, CCTV, and digital files, as well as interviewing any identifiable witnesses. If the offence occurred a while ago, this can take longer to investigate, as evidence is likely to be harder to find and may no longer be available.
If the alleged perpetrator has been identified, depending on the severity of the alleged crime, the police will either contact them by phone, letter, or doorstep visit to invite them to attend a police interview, or will place them under arrest and take them to a police station for questioning.
If there is not enough evidence to charge the suspect at this point, the police will release them under investigation while they gather more evidence. This may involve interviewing the accused’s family, friends, and employer, and applying to the court for a warrant to search their home and seize their electronic devices.
Once the police believe they have compiled enough evidence to build a case for prosecution, they will pass this on to the CPS for review. The CPS will then decide whether or not to take further legal action against the alleged offender.
How does the CPS decide to prosecute sexual assault cases?
The CPS can charge a sexual assault suspect and take them to court at any time, provided they are satisfied that there is sufficient evidence and a realistic prospect of conviction.
When deciding whether or not to charge a suspect with a criminal offence, the CPS must follow the Code for Crown Prosecutors, which sets out principles to follow to ensure that a wrongful prosecution does not occur – largely, the standard of evidence and public interest.
Is there sufficient evidence for sexual assault charges?
Crown Prosecutors will first review the evidence, considering its credibility and whether there is enough to make it likely for a court to find the defendant guilty. Prosecutors do not make any judgements on the defendant’s guilt themselves at this stage.
In cases where a significant amount of time has passed, there may be no forensic or CCTV evidence. If the case relies on the victim’s statement and witness statements, these must be detailed and reliable – if not, the CPS may choose not to proceed.
Is a sexual assault prosecution in the public interest?
Should they be satisfied with the standard of the evidence provided by the police, Crown Prosecutors will then determine whether it is in the public interest to press charges.
They will take into account the severity of the offence and harm to the victim, as well as the age and circumstances of the suspect when the offence was allegedly committed. If the suspect has caused serious trauma, abused a position of power, or appears likely to commit further crimes, the CPS is likely to proceed with a prosecution.
What happens if the CPS presses sexual assault charges?
The more complex the case, the longer it may take for the CPS to come to a decision. The result may be to advise ‘no further action’ (NFA), or to instruct the police to charge the suspect with a specific offence (or multiple offences), who will then become known as the defendant.
If there is a believable risk that the defendant might fail to attend court hearings or commit another offence, the police may take them into custody until they appear before a judge.
The defendant may be able to pay bail to be released from custody under certain conditions – but if there is a risk of reoffending, the judge may deny bail, in which case the defendant will continue to be remanded in custody until their trial.
The defendant will need professional legal representation throughout – ideally seeking advice from sexual offence lawyers when the police first contact them regarding the offence.
Have you been accused of a non-recent sexual assault?
As there is no statute of limitations for sexual assault offences, anyone can accuse another person of committing such an offence at any time, although they would need sufficient evidence for the CPS to pursue a prosecution.
When it comes to historic cases, there is a risk of miscarriages of justice, as memories are not always reliable, and complainants may mistakenly accuse the wrong people.
Therefore, if you have been accused of committing a sexual offence some time ago, it is crucial to secure specialist legal representation right away to help you disprove these allegations.
With sentences from community orders and fines to years-long prison sentences on the line, plus the possibility of becoming a registered sex offender, you will need the expertise of sexual offence lawyers who are knowledgeable about past and present sexual offence laws.
This expert guidance could make all the difference between the police and CPS dropping charges and being taken to court and potentially convicted of sexual assault.