If you have been accused of a sexual offence — whether you have been arrested, invited for a voluntary interview, or simply made aware that a complaint has been made — the most important thing you can do is seek specialist legal advice immediately. Sexual offence investigations move quickly, involve highly sensitive evidence, and the decisions made at the earliest stage can significantly affect the outcome of the case. This guide explains what happens after a report is made, what the police investigation involves, how the Crown Prosecution Service decides whether to charge, and what the trial process looks like.
Our criminal defence solicitors in Bolton can attend any police station interview with you and advise you at every stage of the process.
Stage 1: The Report Is Made
When a person makes a report of a sexual assault, the police will assign a specially trained officer to the case. Officers who investigate sexual offences are known as SOIT (Sexual Offences Investigative Techniques) officers. Their role is to support the complainant through the investigation process while gathering evidence.
At an early stage, the complainant will typically be asked to undergo a medical examination by a forensic physician, who will look for physical evidence of assault and take forensic samples. The results of this examination become a key part of the prosecution’s evidence.
The complainant will also be asked to give a detailed account of what happened — usually recorded as an Achieving Best Evidence (ABE) interview. ABE interviews are conducted in specially designed facilities and are video recorded. In many cases the ABE interview recording is played at trial in place of the complainant giving live examination-in-chief.
Stage 2: The Investigation
Once a report has been made, the police will conduct a full investigation. This typically involves:
Digital evidence — the police will seize and examine mobile phones, computers, and tablets belonging to both the complainant and the suspect. Call logs, messages, social media activity, location data, and photographs are all scrutinised.
CCTV and surveillance footage — footage from locations relevant to the alleged offence will be obtained and reviewed.
Witness interviews — anyone who may have relevant knowledge will be contacted and interviewed.
Forensic analysis — forensic samples, clothing, and other physical evidence will be sent for scientific analysis. Results can take weeks or months to be returned.
The investigation can take many months — and in complex cases, considerably longer. During this period, you may be released under investigation (RUI) or released on bail with conditions. Bail conditions can include restrictions on contact with the complainant and other named individuals, and limitations on where you can go.
Stage 3: Your Police Interview
At some point during the investigation, the police will want to interview you under caution. This is one of the most significant events in any criminal case. You have the right to free legal advice before and during any police interview — and you should always exercise this right, without exception.
At the police station, your solicitor will speak with you privately before the interview begins, review any disclosure provided by the police about the nature of the investigation, advise you on how to respond to the questions asked, and be present throughout the interview.
The caution means that anything you say may be used as evidence — but also that if you fail to mention something you later rely on at trial, the court may draw adverse inferences. This makes the advice you receive at the interview stage critical.
Our police station representation team is available 24 hours a day, 7 days a week and will attend the police station with you.
Stage 4: The CPS Charging Decision
Once the police have completed their investigation, they will pass a file to the Crown Prosecution Service (CPS). The CPS applies a two-stage test before deciding whether to charge:
The evidential test — is there sufficient evidence to provide a realistic prospect of conviction? The CPS will assess whether the evidence, taken as a whole, is reliable and credible enough that a jury properly directed could convict.
The public interest test — even where there is sufficient evidence, the CPS must also consider whether prosecution is in the public interest. In sexual offence cases, the public interest in prosecution is almost always found to be present.
The CPS may decide to charge, to take no further action, or to ask the police to carry out further investigation before a charging decision is made. Where the CPS decides to take no further action, the matter ends at that point — though a person can remain under caution for a period of time before that decision is made.
Stage 5: Pre-Trial Proceedings
If you are charged, the case will be sent to the Crown Court for trial. Sexual offences are indictable-only and cannot be dealt with at the Magistrates Court.
Before the trial, there will be pre-trial hearings at which the court manages the case. Key pre-trial issues include:
Disclosure — the prosecution must disclose all material that may undermine their case or assist your defence. Reviewing disclosure carefully is essential and your solicitor will do this thoroughly.
Bad character and hearsay applications — the prosecution may apply to admit evidence of previous convictions or other bad character evidence. Your defence team can oppose these applications.
Special measures for the complainant — the complainant will typically give evidence from behind a screen or by live video link. The ABE interview recording is usually played as their examination-in-chief.
Section 41 applications — where the defence seeks to introduce evidence about the complainant’s sexual history, a specific application must be made to the court. These applications are carefully controlled.
Stage 6: Trial
Sexual offence trials take place before a judge and jury at the Crown Court. The burden of proof lies entirely with the prosecution — you do not have to prove your innocence. The jury must be satisfied beyond reasonable doubt that the offence occurred and that you committed it.
At trial, the prosecution presents its case first. The ABE interview recording is typically played, followed by the complainant being cross-examined by the defence. Other prosecution witnesses are then called and cross-examined.
The defence then has the opportunity to present evidence. You are not obliged to give evidence yourself — but the decision about whether to do so is one that must be carefully considered with your legal team.
After both sides have presented their cases and made closing submissions, the judge directs the jury on the law and they retire to consider their verdict.
The Importance of Early Legal Advice
Sexual offence investigations are among the most serious and sensitive matters in the criminal justice system. The outcome depends heavily on the quality of the legal representation from the very start — from the first police interview through to the verdict at trial.
Our sexual assault allegations team has extensive experience in this area and can advise you confidentially from the moment you become aware that a complaint has been made.
Call 01204 371 414 for a free initial consultation. All enquiries are treated in the strictest confidence, 24 hours a day, 7 days a week.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: What should I do if I’m arrested for a sexual offence?
Request a solicitor immediately and do not answer any questions until you have spoken to one privately. The right to free legal advice at the police station applies to everyone regardless of the nature of the allegation. Do not make any attempt to contact the complainant or any witness.
Q: Can I find out who has made a complaint against me?
In most cases, the police will not initially reveal the complainant’s identity during the investigation, though this information will typically become apparent through the disclosure process once a charging decision has been made.
Q: Does an allegation mean I will be charged?
Not necessarily. Many cases do not proceed to charge — either because the evidence is insufficient or because the CPS decides prosecution is not in the public interest. The investigation may also take many months before any charging decision is made.
Q: Can I be released on bail with restrictions during a sexual offence investigation?
Yes. Bail conditions in sexual offence cases frequently include no-contact conditions with the complainant and named witnesses, exclusion zones, and in some cases electronic monitoring. Breach of bail conditions is a criminal offence.
Q: How long does a sexual offence investigation take?
It varies considerably. Simple cases may be investigated and decided within a few months. Complex cases involving significant digital evidence, multiple complainants, or forensic analysis can take one to two years or more before a charging decision is made.
