- with readers working within the Healthcare industries
If the police contact you about a sexual offence allegation, do not answer questions or attend any interview before taking specialist legal advice. You are entitled to advice first, and the decisions made in the first days of an investigation often shape the entire outcome.
If you are unsure how the process begins, read our guide on what happens after a sexual offence allegation is made.
If the police have contacted you about a sexual offence allegation, no doubt you’re experiencing a mixture of shock, anxiety, uncertainty, and and many people in this situation feel an overwhelming urge to explain themselves immediately to make the allegation go away. Don’t. One of the most important things you can do is pause and seek specialist legal advice before answering questions or attending an interview with the police. Decisions made at the very earliest stage of an investigation can have a significant impact on what happens next. Whether you’ve been asked to attend a voluntary interview or you’ve been arrested, it’s important to remember that you have rights and there are positive steps that can be taken to protect your position. And at Olliers Solicitors, we regularly help people facing sexual offence allegations at the very start of the investigation. We provide clear advice, complete confidentiality, and proactive support when clients need it most. Most importantly, if you’ve been contacted by the police about sexual offence allegation, remember you don’t have to face it alone. Please contact Olliers Solicitors as soon as you possibly can.
Do I have to speak to the police straight away?
No, and in most cases you should not do so without legal advice. It can be tempting to try to clear things up quickly, particularly if you believe the allegation is unfounded. However:
- Anything you say may be recorded or relied upon later
- Early misunderstandings can become part of the case
- You may not yet know the full allegation against you
Taking advice first allows you to understand your position and approach the situation properly.
Will I be arrested or asked to attend a voluntary interview?
There are two common scenarios:
- Arrest and interview under caution: see your rights at the police station
- Invitation to attend a voluntary police interview
A voluntary interview may feel less serious, but it carries the same risks. In some cases people are actually less well prepared for voluntary interviews, which can cause real difficulties.
What should I do immediately after being contacted?
- Seek specialist legal advice as soon as possible
- Do not discuss the matter with third parties
- Preserve any potential evidence (messages, emails, records)
- Avoid deleting or altering any digital material
Digital communications are often central in these cases: see what role digital evidence plays in sexual offence cases.
Why early legal advice is so important
The investigation stage is when key decisions are made. Police and prosecutors are asking one question: is there a realistic prospect of conviction? That decision depends on the evidence available at the time. Early legal advice allows preparation for interview, consideration of pre-charge engagement, and identification of evidence that supports your account.
Read more: pre-charge engagement and sexual offences and the Code for Crown Prosecutors full code test.
How early advice can change the direction of an investigation
Toby Wilbraham, assisted by Aimee Derbyshire-Ellison represented GF, a male in his fifties, who was alleged to have sexually assaulted his sister on 2 separate historic occasions. The first was alleged to have taken place when she was 4 years old and the second time when he stayed at her home address over 10 years before arrest.
He was interviewed and provided an account denying the offence. Following arrest he instructed Olliers to deal with the case by way of pre-charge-engagement with the police.
Toby and Aimee initially took detailed instructions than sought to obtain evidence that corroborated the account he had provided in interview and other evidence that undermined the complainant’s account.
Material obtained included:
- Witness statements from family members that suggested that the complainant had a habit of making false complaints against other people and other family members.
- Witness statements from other people she had made false allegations against.
- Character witnesses who indicated that they couldn’t believe that the complaint was true.
- Social Media evidence provided by the complainant that undermined her allegation.
- A psychological review of the complainant which suggested that the complainant may have a personality disorder.
After sending this material to the police they eventually offered no evidence against GF which was a huge relief to him and his family.
What about bail or restrictions?
If you are arrested, you may be released on pre-charge bail or released under investigation. Bail conditions can restrict your movements or contact with others, sometimes for extended periods. Understanding your rights, and whether conditions can be challenged, matters:
Pre-charge bail in rape cases, and how long it can last
Police bail vs released under investigation: the difference
Can police bail conditions be changed?
What if the allegation is false?
If the allegation is inaccurate or false, early action becomes even more important. A proactive defence can identify evidence that contradicts the allegation, highlight inconsistencies, and provide important context to communications or behaviour.
You may also find it helpful to read why false sexual allegations happen.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]