Mohammed Al Fayed Historic Rape Allegations: How Can Historic Offences Be Proved?
How Can Alleged Historic Offences Be Proven?
BBC documentary Al Fayed:
Predator at Harrods explores 20 allegations of rape, sexual assault
and violence
made against former Harrods owner Mohammed Al Fayed, who they say was never brought to justice. Allegations have been made by Harrods staff which date back to the late 1980's to late 2000's, and as part of the Me Too movement which not only has seen Al Fayed accused, but many other high profile celebrities whose conduct has been brought into disrepute in recent years.
Historic sexual offence allegations,
which date back decades, understandably and quite rightly raise the question as to how such cases can be proven? It can often cause confusion amongst society who wonder what evidence could possibly be in existence that would lead to a prosecution.
An increasing number of complaints made to the police are historic. Social media, the mainstream news and movements such as Me Too have encouraged complainant's to come forwards. Changes in policing and the approach to how a complainant of a sexual offence should be treated by investigators has ensured that complainants feel secure and believed when they come to police to report allegations of violence and sexual offences. The significant passage of time between incidents alleged to have taken place to the time of reporting does not
deter the Crown Prosecution Service (CPS) to prosecute the accused, and it would be a dangerous approach for any suspect to take, to believe that the case will not be prosecuted to due to the passage of time, and therefore not seek appropriate legal advice to defend their position.
The Law
There are three piece of legislation which govern sexual offences; the
Sexual Offences Act 2003,
Indecency with Children Act 1960
and the
Sexual Offences Act 1956.
Any offences alleged to have taken place before May 2004 would fall under the laws of either the 1956 act or the 1960 act. These laws are still very much in operation and the CPS do exercise their ability to make use of old laws to bring those accused to court.
Evidence in Historic Cases
It can be really difficult for people to understand how a historic offence can be prosecuted. When we think of sexual offences as a society we think, DNA, immediate reports to police, CCTV, and injuries. In fact, all of this evidence is rare in such cases and many offences of a sexual nature are prosecuted based on the account of the complainant which is a form of evidence. Anything in addition to their account which is used to prosecute a suspect is supporting evidence.
Supporting evidence can be in the form of witness statements this includes witnesses to the alleged offence and disclosure witnesses (people who the complainant has told about the allegation), or witnesses that can support a particular set of facts from the time. This works both ways, and there may be witnesses for the suspect who can provide evidence of circumstances at the alleged time which undermines the complainants account. As your lawyers it would be our job to establish this evidence and make the required steps to obtain that and present it to the police and CPS in the required format for criminal proceedings.
Evidence in such cases can also come from third party disclosures which can include, counselling records, therapist records and any medical records. In some cases the complainant may have disclosed the alleged abuse to such third parties weeks, months or even years prior to reporting it to the police. Any such evidence would be used by the CPS to bolster a case against the accused.
The issues with evidence that are of an obvious concern at all times is the reliability of evidence. The memories of those involved whether that be the complainant or witnesses is not going to be as strong as memories in cases where the alleged offence has taken place more recently.
Sentencing for Historic Offences
The basic position when an offender is sentenced is that it should be according to the law at the time the offence was committed, not the law at the time when they are sentenced. This has been reinforced by
Article 7 of the European Convention of Human Rights..
Sentence levels have generally been increasing over the past few decades and changes to the law relating to sex offences are a good example of this trend. This reveals much about how attitudes towards these offences have changed over time. For example, sentencing for the offence of indecent assault on an underage girl has undergone several changes to sentence levels over the years. Between 1957 and 1960 the maximum was two years’ imprisonment. It then changed in 1961 to a maximum of five years if the victim was under 13 years old, and in 1985 it increased again to 10 years. After that, the Sexual Offences Act of 2003 redefined sex offences and indecent assault was replaced by new offences such as sexual assault and assault by penetration. While the maximum sentence for sexual assault remained at 10 years, it increased to 14 years in cases where the victim was under 13, and assault by penetration was given a maximum sentence of life.
The law cannot be applied retrospectively and therefore, although current guidelines will be taken into account, a defendant convicted of a historic offence will not face a sentence higher than what they could have received at the time the offence was committed.
Will Historic Offences go to Court?
The short answer to this questions is yes, historic allegations are charged and do go to court, more so now than ever before. As lawyers who specialise in allegations of a sexual or violent nature we cannot underestimate the benefit of
pre charge representation, particularly in allegations which are relying on memories and the words of others as evidence.
How Can We Help?
Eventum Legal offers expert legal defence for individuals facing allegations of
historic sexual abuse.
Our team of experienced lawyers understand the unique challenges these cases present, including the difficulties in gathering evidence and the complexities of defending against accusations that may date back many years.
We take a proactive and thorough approach to your defence, meticulously examining every detail to build a strong case on your behalf. Whether scrutinising the allegations' credibility or challenging the evidence reliability, we are dedicated to protecting your rights and ensuring you receive fair treatment throughout the legal process.
With our knowledge of the law and commitment to our clients, Eventum Legal provides the robust defence you need in the face of historical sexual abuse charges. With an expert understanding of the criminal justice process, we have been defending allegations of historical sexual abuse for several years, meeting you at the police station as well as being at court with you.
Whatever the sexual offence you are being accused of our team can help, historic sex abuse being one of our main focuses.
We Can Help With
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
