Historic Sexual Offences

Historic sexual offences usually involve allegations that go back a number of years and are governed by two separate Acts of Parliament. Any sexual offence alleged to have been committed between 1957 and 1 May 2004 will be prosecuted under the Sexual Offences Act 1956.

On 1st May 2004 the Sexual Offences Act 2003 came into effect. So, any sexual offence that occurred on or after this date will be dealt with under the 2003 Act.

These offences are typically dealt with under the laws that were in place at the time they allegedly occurred, often under the Sexual Offences Act 1956, although there are exceptions.

Attitudes towards sexual offences have evolved over time along with the law and sentencing guidelines. There is an argument that sentences should reflect the guidelines that were in effect at the time the offence was committed. However, some see this approach as controversial.

Those that oppose applying outdated sentencing guidelines argue that it fails to account for the evolving understanding of the impact of such crimes on victims. On the other hand, applying modern guidelines to past offences raises concerns about fairness and potential retroactive punishment.

As an example, under the Sexual Offences Act 1956, the offence of intercourse with a girl aged between 13 and 16 carried a maximum penalty of 2 years imprisonment. In contrast, under the Sexual Offences Act 2003, the maximum sentence for the same offence is 14 years, and if the child is under 13, the sentence can be life imprisonment.

Sexual Offences Act 1956

• Intercourse by force, intimidation, etc.
  • Rape of woman or man.
  • Procurement of woman by threats.
  • Procurement of woman by false pretences.
  • Administering drugs to obtain or facilitate intercourse.
• Intercourse with girls under sixteen
  • Intercourse with girl under thirteen.
  • Intercourse with girl between thirteen and sixteen.
• Intercourse with defective.
• Incest
  • Incest by a man.
  • Incest by a woman.
• Unnatural offences
  • Buggery.
  • Indecency between men.
• Assaults
  • Indecent assault on a woman.
  • Indecent assault on a man.
  • Assault with intent to commit buggery.
• Prostitution, procuration etc.
  • Causing prostitution of women.
  • Procuration of girl under twenty-one.
  • Detention of woman in brothel or other premises.
  • Permitting girl under thirteen to use premises for intercourse.
  • Permitting girl between thirteen and sixteen to use premises for intercourse.
  • Permitting defective to use premises for intercourse.
  • Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen.
  • Causing or encouraging prostitution of defective.
  • Man living on earnings of prostitution.
  • Woman exercising control over prostitute.

Investigating historical sex offences involves several steps and numerous considerations, including gathering evidence, interviewing complainants and witnesses, and collaborating with forensic experts.

Bringing charges for historic sexual offences presents several challenges. While modern technology, such as DNA analysis and digital forensics aids investigations, issues like the lack of physical evidence, faded memories and difficulty locating witnesses still pose significant obstacles.

When investigating a historical sexual offence, the police and Crown Prosecution Service (CPS) will often seek evidence to support the complainant's account of what took place and when. As previously mentioned, finding physical records is often rare. Therefore, investigations typically focus on identifying potential records from places like schools or hospitals that could corroborate the complainant’s account or on uncovering other possible complainants.

As part of the investigation, a defendant’s home might be searched for evidence, including the removal of electronic devices for analysis. They may be arrested or asked to come to the police station for an interview. The defendant has the right to have a solicitor present during questioning to ensure their rights are protected.

It is imperative for a client to instruct an experienced solicitor as soon as being made aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

Please contact us for advice and assistance.

Tel: 0333 370 4333

Email: info@kangssolicitors.co.uk