Why do allegations of domestic and sexual abuse often rise at Christmas.
Christmas is often portrayed as a joyful time, but for many it can be emotionally and practically challenging. Legal professionals, including the police, the courts and support services consistently observe an increase in sexual and domestic abuse reports and allegations during the festive period.
In this blog we explain why this happens, outline the legal implications for those accused, and to highlight the support that is there for you.
Do Domestic and Sexual Abuse Allegations Increase at Christmas?
The Christmas period often brings with it a reported increase in police call outs for incidents of sexual and domestic abuse. Whilst allegations for sexual and domestic offences are made throughout the year, Christmas time naturally leads to financial pressures between couples, increased alcohol consumption, and families being “cooped” up together often increasing or causing tensions.
Work Christmas parties take place and nights out with friends, these nights can often consist of drunken mistakes leading to severe consequences for some.
What is important to note is that regardless of what time of year it is, or what the contributing factor may be, every report will be taken seriously and investigated. Therefore, reports made in haste or as an effect of heightened momentary emotions, or alcohol intake, as the accused you must protect yourself robustly against false or intensified allegations of sexual or domestic abuse.
Types of Allegations Commonly Seen During the Festive Period
- Domestic Abuse Allegations (physical, emotional and coercive control)
- Sexual abuse allegations made by family members, friends or strangers. These allegations can include sexual assault, rape, assault by penetration, and indecent image offences.
- Historical abuse disclosures increase as families come together who may not have seen each other for some time, prompting memories and ill feelings to arise.
- Allegations arising from separation or relationship breakdown, where Christmas may increase conflict due to child arrangements during the festive period or new partners becoming involved in family arrangements.
Immediate Legal Consequences of a Sexual or Domestic Abuse Allegations
Being accused of sexual or domestic abuse is serious, even if allegations are made in the heat of the moment, the police can and may pursue the investigation and a prosecution. The immediate effects on the accused can include:
- Police involvement and arrest
- Bail conditions and restrictive measures, often including exclusion from the family home, a certain area, non-contact with children or a particular person. These effects can be huge and can impact a person’s career, family arrangements and relationships.
- Court orders such as Domestic Abuse Protection Orders, Restraining Orders or Sexual Risk Orders. Allegations can also lead to proceedings in other courts, such as the family court.
Because of the severe legal consequences an allegation alone can have, it is crucial to seek specialist legal advice early.
Legal Rights for the Accused
As defence lawyers specialising in defending sexual and domestic abuse offences, the first step we take is to ensure you are being treated fairly, and any investigation is being conducted impartially.
There are huge pressures on the police and Crown Prosecution Service to increase protection for those who are “victims” of domestic and sexual abuse, which in turn leads to a robust approach during the investigative and prosecuting stage. However, at Eventum Legal we are steadfast in asserting our client’s rights, ensuring advantage is not taken in order for the police and CPS to meet targets, your main rights include:
- The presumption of innocence, an allegation does not mean you are guilty. We will work with you to ensure no stone is left unturned when proving your innocence.
- Right to legal representation. We will ensure the police and prosecuting authorities go through us; this allows us to protect you and your legal position.
- Importance of having fair and workable bail conditions. We will consider any restrictive measures put in place and ensure they are not disproportionate or unnecessary.
- The right to a fair trial and to be heard.
The Role of Specialist Legal Advice in Sexual and Domestic Abuse Cases
Eventum Legal are an all-female legal team specialising in defending men and women accused of sexual and domestic abuse, this means we deal exclusively with these offences which often cross over with each other. Our team dedicate their professional development to this area of law so we remain up to date with all changes within the justice system and tailor our advice and representation to it.
Domestic and sexual abuse cases require specialist handling, they are sensitive cases which carry many emotions for the accused and the complainant, we provide a pragmatic, confidential, fair and firm approach with our client’s interests at the forefront of our work.
We understand the impact of this type of allegation on family court proceedings and stress the importance of working in conjunction with lawyers representing you in other areas of the law, i.e. family court cases.
Getting the correct advice early will ensure the best steps are taken to get obtain your desired outcome.
A Sensitive Time Requires Careful Action
Christmas pressures can bring serious issues to the surface, we encourage the accused to seek help rather than waiting and we acknowledge the emotional complexity of these cases for all involved. Whilst we acknowledge the various emotions, we are able to take a pragmatic approach, putting emotion to one side to ensure you are legally protected and effectively represented.
If you are affected by a false allegation of sexual or domestic abuse, confidential advice can be provided by our team for free.