Historic Sexual Abuse Allegations: What to Do if You Are Accused.

LMP Legal understand the unique challenges and pressures encountered by people facing serious allegations of historic sexual offences. This can be incredibly distressing and traumatic to those accused and their families.

This article will help to assist someone if they or a member of their family or friendship circle is facing this type of allegation.

Have you been falsely accused?

These allegations are incredibly complex and difficult to challenge, partly due to the length of time that has often passed, meaning gathering evidence to prepare a defence is demanding. Furthermore, there may be human behavioural aspects that contribute to reasons why someone might fabricate a sexual abuse allegation.

What does historic allegation mean?

Historic allegation refers to allegations of sexual offences that are reported long after the incidents are said to have occurred, sometimes many years or decades later. These allegations typically involve incidents of alleged abuse that may span several years, often occurring within family settings, schools, places of employment and residential care facilities.

 When an allegation is made, the fact that there has been a long delay in reporting, and that there may not be any material evidence, does not mean that the police will not take the matter seriously.

Why the increase in allegations of historic abuse?

Over recent years there has been an increase in the prosecution of historic sexual abuse cases in the UK. As a result of the BBC scandal following the wave of allegations against Jimmy Savile in 2012, we saw a number of high-profile celebrities facing career-ending allegations of historical sex abuse. A nationwide police investigation known as Operation Hydrant was launched and, as a result, in excess of 1,400 individuals have been or are currently being investigated for these types of offences.

 Unfortunately, this has also culminated in numerous innocent individuals being wrongly accused or somehow otherwise involved in the investigations.

 The police have now improved their methods of recording sexual offences and demonstrated a greater willingness to investigate and prosecute historic allegations. This has resulted in an increase in the number of reports of historic abuse.

 Most importantly, the criminal justice system has gradually introduced changes that have impacted on the investigation and prosecution of historic sexual offences, as well as modifications to the law of evidence and the way that cases are tried in court. This has created an environment in which such cases are taken more seriously than in the past.

What will happen when you are accused of historic abuse?

 If someone has made an allegation against you, the police will either arrest you on suspicion of an offence or may invite you to attend a voluntary police interview under caution. Either way, it is crucial to seek specialised legal representation immediately.

 Do not think that just because the allegation is not true, you do not need a solicitor.

 This may be your first encounter with the police, but do not assume that this will mean the case will simply go away. Attending a police interview without the guidance of an experienced lawyer can lead to serious complications if the case proceeds to trial.

 Whilst defending a false historic abuse allegation can be challenging, there are several steps you can take to protect yourself:

1. Remain Calm and Composed: It is important to keep your composure throughout the entire process as difficult as this may be, as your words and actions can be misinterpreted and used against you. Avoid retaliation against the accuser as this can escalate the situation and can be seen as a sign of guilt.
2. Instruct an Experienced Criminal Defence Lawyer: Engage a Criminal Defence Solicitor who has experience of defending historic abuse cases. A Solicitor will guide you through the legal process and help you to build the strongest defence possible. 
3. Gather Evidence: Start to collect any evidence at an early stage to support your defence and help to show your innocence. 
4. Create a Timeline: Developing a timeline of events and behaviours can help to identify inconsistencies in the accuser’s account and demonstrate the likelihood that an allegation is false.
5. Character Witnesses: This type of evidence can be crucial in showing your credibility. 

These steps will help you build a robust defence and protect your rights. It is crucial to work closely with your legal team and follow their advice throughout the process.

 How do your solicitors defend historic sexual abuse allegations?

 Defending historic sexual abuse allegations requires a meticulous approach by solicitors and trial barristers to navigate the complex issues of law and procedure.

The consequences of a conviction can be severe, often resulting in lengthy prison sentences and challenges in clearing one’s name. At LMP Legal, our team of criminal lawyers has years of experience in defending historic abuse allegations from the initial police involvement through to proceedings at court.

 We commonly receive instructions from high net worth and high-profile individuals and are therefore well versed in dealing with these cases with the utmost sensitivity and discretion. On multiple occasions, we have been able to shield the investigation fully from the public eye, receiving confirmation of no further action from the prosecuting authorities at an early stage, pre charge. 

Most importantly, we are committed to approaching every case with compassion, empathy, and the utmost respect.

 In all cases, the reliability, credibility and consistency of witnesses, and indeed all available evidence, is critical. This is more challenging in historical abuse cases due to the passage of time between the alleged incident and when it is reported to the police. Clearly it is unlikely that there will be any physical or scientific evidence available. The most common types of evidence in these cases include:

 Witness accounts – from the complainant, police officers, police station interviews as well as friends and family

 Other disclosure – such as social services documents medical records, and any psychological records. These should be requested at the earliest opportunity

 All evidence will be properly analysed and scrutinised, with no stone left unturned in your defence.

 We work tirelessly to ensure that our clients are fearlessly defended every step of the way.

 We will also instruct a specialist historic abuse trial barrister who will work with us as a team to ensure a comprehensive strategy is in place for trial.

 Contact our historic sexual abuse solicitors.

 If you are under investigation by the police for a historical abuse allegation, or if you know someone who is facing this situation, please feel free to reach out to us for a confidential discussion.

 You can contact us by email or telephone, or fill in our secure online contact form and one of our team will be in touch to find out how we can help.

To read more from Kristina Lancaster you can read previous articles on her author page and also on the LMP Legal News page.