Learning that you have been accused of a sexual offence is a life-altering moment.
Whether the allegation relates to something said to have happened last week or decades ago, the process that follows is long, intrusive and frightening and most people facing it have never had any contact with the criminal justice system before.
Understanding each stage of that process removes some of the fear of the unknown and helps you make the right decisions at the moments that matter most.
This guide explains what happens after a sexual offence allegation is made in England and Wales, from the first report to the police through to investigation, interview, charge, trial and beyond.
What Does an “SA Allegation” Mean?
“SA” is a widely used abbreviation for sexual assault, common on social media where platforms may restrict the full term.
An SA allegation, therefore, means an allegation of sexual assault, a claim that someone has intentionally touched another person sexually without their consent. In England and Wales, sexual assault is an offence under section 3 of the Sexual Offences Act 2003, and it sits within a wider family of sexual offences that includes rape, assault by penetration and causing a person to engage in sexual activity without consent.
Whatever the terminology used, the legal process that follows an allegation is broadly the same, and it begins the moment a report is made.
How a Sexual Offence Allegation Begins
Most cases begin when a complainant reports to the police, although allegations can also reach the police through third parties such as schools, employers, social services, or medical professionals.
The police will take an initial account and, in most cases, arrange a formal recorded interview.
What is an ABE interview?
The complainant’s full account is usually captured in an ABE (Achieving Best Evidence) interview – a video-recorded interview conducted by specially trained officers. This recording matters enormously to the defence, because it can later be played as the complainant’s evidence at trial, and any inconsistencies between the ABE interview and other accounts they have given can become central to challenging the allegation.
What happens after an ABE interview?
After the ABE interview, the police will decide whether to treat the matter as a criminal investigation and how to approach the suspect – by arrest or by inviting them to a voluntary interview. If you become aware that an allegation has been made about you, this is the point to instruct a specialist solicitor: before you have said a word to the police.
The Police Investigation
Sexual offence investigations are thorough and often slow. The police will typically seize and examine mobile phones and other devices belonging to the complainant and the suspect, and gather messages, social media activity, CCTV footage, medical and forensic evidence, and statements from anyone who may have relevant information.
In many cases, digital material is the most important evidence because it shows the reality of the relationship or the events surrounding the allegation.
Device examination is also a major cause of delay. Forensic backlogs mean it is common for sexual offence investigations to run for many months, and sometimes more than a year, before a charging decision is made.
A proactive defence team will not simply wait: we press for updates, make early representations, and gather our own evidence while memories are fresh.
Arrest and the Police Interview
You may be arrested or invited to attend the police station for a voluntary interview. Do not be reassured by the word “voluntary”; the interview is conducted under caution, it is recorded, and everything you say can be used in evidence.
You have the right to free legal advice at the police station in either scenario, and you should never be interviewed about a sexual allegation without a solicitor present.
Before the interview, your solicitor will obtain disclosure from the police about the allegation and advise on strategy: whether to answer questions, provide a prepared statement, or make no comment.
This is one of the most important decisions in the entire case. What is said, or not said, in the first interview shapes the defence from that point on, particularly in cases that come down to one person’s word against another’s.
Will I Be Named Publicly?
One of the first questions clients ask is whether the allegation will become public. Complainants in sexual offence cases have lifetime anonymity by law. Suspects do not have an equivalent statutory right.
Still, in practice, the police do not normally name suspects before charge, and following a well-known court decision the media will rarely identify a suspect at the investigation stage.
Teachers accused by pupils have specific statutory anonymity until a charge is made. If you are charged, however, you can be named publicly, and cases are routinely reported. Managing the risk to your reputation, employment and family is part of what an experienced defence team helps you navigate.
Bail or Released Under Investigation
After an interview, if you are not charged immediately, you will usually either be released on pre-charge bail, often with conditions such as not contacting the complainant or witnesses, or released under investigation (RUI), which carries no conditions but also no time limit, and can leave people in limbo for long periods.
Breaching pre-charge bail conditions can lead to arrest, so conditions must be followed strictly even where the allegation is false. Your solicitor can challenge disproportionate conditions and press the police where an investigation is drifting.
Can you get bail if charged with rape?
Yes – being charged with rape or another serious sexual offence does not automatically mean a remand in custody. The court starts from a general right to bail, and many defendants facing sexual allegations are bailed with conditions such as residence requirements, no contact with the complainant and prosecution witnesses, or exclusion from certain areas.
The exceptions are significant: bail can be refused where the court finds substantial grounds to fear further offences, interference with witnesses or failure to attend, and a defendant charged with rape who has a previous conviction for rape or murder can only be granted bail in exceptional circumstances.
A well-prepared bail application, supported by a stable address and proposed conditions, makes a real difference.
The Charging Decision
In sexual offence cases, the decision to charge is made by the Crown Prosecution Service, applying the Full Code Test: is there a realistic prospect of conviction, and is prosecution in the public interest?
If the test is not met, the case ends with a decision of no further action (NFA). The period before this decision is a genuine window of opportunity for the defence – written pre-charge representations, supported by evidence that undermines the allegation, can and do persuade the CPS not to charge.
Can you be charged on one person’s word alone?
Yes. Many people assume that a case cannot proceed “without evidence”, but the complainant’s account is itself evidence, and there is no legal requirement for corroboration. A charge can follow, and a jury can convict, on one person’s word, if it is believed.
That is precisely why these cases must be defended actively rather than dismissed as hopeless for the prosecution: the defence work lies in testing the credibility and consistency of the account and building the context around it.
Historic Allegations and Indecent Assault
There is no time limit on prosecuting sexual offences in England and Wales, and allegations relating to events many years or decades ago are common.
Historic cases are charged under the law as it stood at the time, which is why offences said to pre-date May 2004 are often charged as indecent assault under the Sexual Offences Act 1956 rather than sexual assault under the 2003 Act.
Historic allegations bring particular challenges and opportunities for the defence: memories fade, records are lost, and the absence of evidence that would once have existed can itself become a powerful point. If you are facing a historic allegation, specialist advice is essential from the outset.
The Court Process After Charge
All cases begin in the magistrates’ court, but serious sexual offences – including rape – are sent to the Crown Court. There will be a Plea and Trial Preparation Hearing (PTPH), where you enter your plea, and the court sets a timetable for the case.
If you plead not guilty, the case is prepared for trial: the prosecution must serve its evidence, the defence serves a defence statement, and applications are made on the evidence the jury will and will not hear.
Two applications arise frequently in sexual cases. Under section 41 of the Youth Justice and Criminal Evidence Act 1999, the defence must seek the court’s permission to ask the complainant about their sexual history where it may become relevant in a case. Permission is granted only in defined circumstances, and these applications require careful preparation.
Under section 28 of the same Act, many complainants now have their cross-examination video-recorded in advance of the trial rather than giving evidence live before a jury.
You should also be prepared for a delay. The Crown Court backlog is at record levels, and it is now common for sexual offence trials to be listed a year or more after charge, with government reviews proposing significant structural reforms to address it.
Living under the weight of an unresolved allegation for that long is extraordinarily difficult, and part of our role is to support you through that period while making sure the delay is never allowed to disadvantage your defence.
The Trial, Verdicts and Sentencing
At trial, the prosecution must prove the case so that the jury is sure of guilt – the highest standard our law knows. The complainant’s evidence is tested in cross-examination, the defence evidence is called, and the jury delivers its verdict. An acquittal ends the case: you leave court without a criminal record for the allegation.
If a defendant is convicted, the sentence is determined in accordance with the Sentencing Council guidelines for the specific offence, taking into account harm, culpability, and aggravating and mitigating factors.
Sexual offence convictions also carry consequences beyond any sentence: notification requirements (the sex offenders register) apply automatically to most offences, and the court may impose a Sexual Harm Prevention Order restricting internet use, travel or contact with certain groups.
Convictions appear on standard and enhanced DBS checks and are never filtered. Skilled mitigation at sentencing and challenging the scope of any proposed order remains vital even after a conviction.
Appeals
A conviction or sentence in the Crown Court can be challenged in the Court of Appeal, with the court’s permission, where there are arguable grounds – for example, a legal error at trial, fresh evidence, or a sentence that was wrong in principle or manifestly excessive.
Convictions in the magistrates’ court carry an automatic right of appeal to the Crown Court. Strict time limits apply to all appeals, so advice should be sought immediately after the outcome is announced.
How Eventum Legal Can Help
Our sexual offence defence team defend clients at every stage of this process, from the first knock on the door, through police interviews and pre-charge representations, to trial and appeal. We know how these cases are investigated and prosecuted, and how they are won: early advice, meticulous preparation, and a defence built on the detail. If you or a family member has been accused of a sexual offence, contact our team today for a confidential, non-judgemental conversation.
Frequently Asked Questions
How long does a sexual offence investigation take?
There is no fixed timescale. Straightforward cases can be resolved in weeks, but where devices are being examined, it commonly takes six months to a year – sometimes longer – to reach a charging decision. Your solicitor can press for progress and challenge repeated bail extensions.
Will the allegation show on my DBS check if I am not charged?
An allegation that ends in no further action will not appear on a basic or standard DBS check. The police have a discretion to disclose non-conviction information on an enhanced check in limited circumstances, and there are routes to challenge such disclosure – something we can advise on.
Should I answer police questions or go with “no comment”?
It depends entirely on the disclosure provided, the strength of the allegation and your account – which is why the decision should only ever be made with a solicitor who has assessed the case. The wrong approach in an interview can cause lasting damage; the right one can lay the foundation for the case never reaching court.
What should I do right now if I have been accused?
Do not contact the complainant, do not discuss the allegation with potential witnesses, do not delete anything from your phone or social media, and speak to a specialist sexual offence solicitor before any police interview – even a voluntary one.