Sexual assault by penetration is a very serious allegation. If you are accused of assault by penetration, the Prosecution must prove:
- That you have intentionally inserted something into either the vagina or anus of another person (penetration). This may be done either with a part of the body, or another object,
- That the penetration is sexual, or is sexually motivated,
- That the alleged victim does not consent to this penetration, and
- That you do not reasonably believe that the victim is consenting.
The offence of sexual assault by penetration is a very serious allegation that can only be heard by the Crown Court. The maximum sentence if you are found guilty is life imprisonment. This shows how seriously the Court will deal with anyone who is guilty of this offence, as the sentencing powers are the same as for someone who is convicted of rape.
The three main issues that people accused of this offence tend to dispute are:
- That they have committed the act at all.
- That the motivation was sexual.
- That the alleged victim was not consenting.
The rules relating to whether or not the victim was consenting to this act often relates to the circumstances surrounding the incident. It is very important that a Solicitor instructed to represent a client in a case like this is familiar with the law relating to consent, and is very careful in considering all the issues so that the client has the best possible representation for a case.
The other question of whether or not the alleged penetration was sexual will depend not only on what the suspect says about the reasons behind the incident, but also what a reasonable person would consider to be sexual. Sometime the Prosecution will charge someone with a sexual offence of assault by penetration when in fact there was no sexual motive involved. In cases like this, a Solicitor should be making representations to the Crown Prosecution Service to propose alternative charges, such as assault, but this must be done in a very careful and professional manner and always with the complete confidence of the client.
If you are accused of any sexual offence there is a very real danger of receiving a prison sentence, and your entire life being damaged by the allegation. It is vital that you are represented by someone that you can trust, and who you are confident will do everything in their professional ability to put forward your case in a proper and appropriate manner to ensure that you get the best outcome possible in your circumstances.
We at Stephen Lickrish & Associates Solicitors understand that if you are accused of any sexual offence, it will be a very difficult time you. We are proud of the professional level of support we offer to all clients who are accused of such offences. We make sure that you have an experienced solicitor that you can speak to at all stages of your case, and that you are represented in Court by a Barrister, or High Court Advocate, who is suitably experienced and qualified to present your case to the Court in the best way.
The Solicitors at Stephen Lickrish & Associates have dealt with clients who are accused of the full range of sexual offences. We act in a professional, discreet and diligent way, and do everything in our professional ability to secure the best outcome in each and every case. If you or someone you know are accused of a sexual offence, contact us to see how we can help you.
- Sexual assault by touching (13 or over)
- Sexual assault by touching (under 13)
- Inciting a minor to engage in sexual activity/grooming
- Possession of indecent images of minors
- Indecent exposure
- Sex Offenders Register
- Sexual Offences Prevention Order [SOPO]
- Police Station interviews
- Magistrates Court
- Crown Court