No Further Action for Father Falsely Accused of Sexually Assaulting His Daughter
Eventum Legal have successfully defended, at the pre-charge stage
of the case, a father who was falsely accused of
assault by penetration.
The complainant was his biological daughter who was nine years old at the time the offence was alleged to have taken place. Pre-charge engagement with the police and Crown Prosecution Service (CPS) is a critical phase where strategic legal actions can influence the outcome of a criminal investigation before charges are formally authorised.
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This was a particularly complex and very sensitive case, with various issues to consider which dated back to when the child was born, and the relationship issues that had arisen between the father and the mother throughout their relationship and beyond. It was quickly established that this was clearly a case of a woman scorned who had gone to great lengths to ostracise the father from his daughters life, and had fabricated serious allegations which have no doubt harmed their child, our client and his relationships with his children for the foreseeable future despite our success in ensuring he was not charged with any offence.
Case Summary
In 2022 our client was arrested on suspicion that he committed an offence contrary to section 2 of the Sexual Offences Act 2003; Sexual Assault by Penetration. He was represented by the duty solicitor during his police interview
but then instructed our Managing Director, Jessica Wilson, to represent him and defend his position whilst the police investigation
continued.
Jessica met with our client and his partner upon instruction and spent as much time as possible discussing the allegations, our client's background and current circumstances. It was very quickly established that this was a case whereby a toxic environment had been created following the break down of the father and mother's relationship, the father meeting his new partner and starting a family. The complainant's mother had a long history of mental health issues, which we were able to evidence throughout our representation, and amongst other key facts this assisted us in proving that this allegation was false, malicious and the child had been encouraged to "go along with it" due to the fear that she would no longer have her mother if she did not.
Whilst the investigation was ongoing our client was subject to bail conditions
which prevented him from living at home with his partner and their young son. We dealt with bail conditions to allow our client to live as normally as possible during the case, but were honest and realistic from the outset with regard what could and could not be achieved in such a case.
Our Approach
Having built a relationship with the client and gained a thorough understanding of the history we put in to place a plan of action with the aim being to avoid our client facing criminal charges. We took the role on as not only criminal defence lawyers but also investigators, making enquiries and gathering as much information and evidence as possible to strengthen our client's position. This information was then submitted to the police and Crown Prosecution Service (CPS) by way of a pre-charge representation
defence bundle.
Communication
The communication with our client enabled us to establish various lines of enquiry for the defence case, potential weaknesses a prosecution was likely to have, and defence witnesses which would be vital to our client's case. We pride ourselves on our approachable and down to earth nature, making discussing sensitive and sometimes embarrassing topics easier for our clients.
Throughout the investigation Jessica had an open line of communication with the investigating officer, and was able to pro-actively liaise with the police raising key points and issues which leant in our client's favour. Having this line of communication with the police and rapport is essential during pre-charge engagement.
In this particular case issues arose during the investigation for our client which were pivotal in assisting our argument that the complainant's mother and her family were acting maliciously towards our client, this included them making multiple unrelated reports to the police during this investigation. Our ability to communicate with the police meant that all of these issues were investigated and taken into consideration by the team who were involved in the sexual assault allegations.
Witnesses
We contacted witnesses on our client's behalf and took formal statements from them. These witnesses provided supporting evidence in respect of the mother's behaviour towards the child and what seemed to amount to emotional abuse, the lack of disclosure at any other stage in the child's life, and the positive relationship she had shared with her father up until this complaint where contact was stopped.
Third Party Records (School and Social Services)
Our team obtained third party records from the daughter's school and documents from Social Services. This material demonstrated the relationship issues between mother and father, and lack of disclosures or concerns regarding the father's relationship with his child.
Social Media Interactions
What was a concern for our team was that the child did not seem aware that her mother had made the allegation to the police, the child had continued to engage with her father via social media after the report to police had been made, as if nothing had happened expressing her wishes to go on holiday with him and his new family, asking questions about her baby brother. It seemed she had no awareness that a complaint had been made to the police. We gathered all of the social media interactions and presented them alongside our representations.
Photographs
The mother had informed police that the child had made allegations to her some time before she made the decision to report the matter to the police. Despite such serious disclosures made by a young child the mother and her family had our client at their home over Christmas and to visit his children. Luckily our client had photos of his visits to the their family home which showed his children playing with him and sitting on his knee, this undermined in its entirety that the child had told her mother that her father had sexually assaulted her.
Pre Charge Representation
We drafted pre-charge representations and evidenced each point with the information we had gathered. During the police investigation and the critical
pre-charge engagement process,
it is uncommon for the CPS to hear from defence solicitors. However, at Eventum Legal, presenting the defence and prosecution cases to the CPS is essential in ensuring a fair decision-making process. We can influence the outcome by highlighting potential challenges in the prosecution’s case and presenting your story, as we successfully did in this case.
Pre-charge representations would not be suitable in all cases, ensuring you seek advice from an experienced criminal defence lawyer is essential, so that the advantages and disadvantages to serving representations can be considered.
The Outcome
Allegations of a sexual nature often take a considerable length of time, particularly where they concern a child and various complex family issues. This case would have also gone through various levels of review, from different police departments to the highest specialist rape and serious sexual assault review lawyers within the CPS. Therefore, our client did have an unavoidable agonising wait whilst we worked on his case. However, with the support from our team and the reassurances given he got through this incredibly difficult stage and was informed on Christmas Eve that the case was being no further actioned.
We are extremely pleased for our client and his family, but appreciate that the investigation, arrest and stigma attached to such an offence will continue to have detrimental impact on him for the foreseeable future.
How We Can Help
If you have been accused of a sexual offence then speak with our approachable and experienced team. Regardless of the stage your case is at we will apply a pro-active strategy to ensure we achieve the best possible out come for you. Our advice is always honest and realistic so you know exactly where you stand from day one.
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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.
