Same Sex Sexual Assaults
It is a myth to think that sexual assault only takes place between women and men. An estimated 12,000 men are alleged to have been raped every year and 76,000 are sexually abused or assaulted, which mean there are thousands of men falsely accused. The Crown Prosecution Service are provided with specialist guidance on how to approach cases where the complainant and suspect are of the same sex, as complex issues can arise. If you are accused of sexually assaulting a member of the same sex then instructing lawyers who have an understanding and awareness of the additional factors that apply in same sex situations or where the complainant is bisexual or trans is essential.
It cannot be underestimated that members of the LGBTQ+ community face particular difficulties in reporting sexual violence, however cases are reported, and members of the community can be falsely accused and must be defended appropriately taking into account all the factors that make such cases different to those of same sex allegations.
Evidential Considerations in Sexual Allegations Between Men
Public Sex Environments
There are a variety of places where some gay men meet specifically for sex, either anonymously or to meet the same man or group of men and there may be specific issues to consider in relation to this. All attendees at public sex environments will attend voluntarily, however the nature of the environments can open men up to vulnerabilities, particularly to false allegations being made against them.
Dark Rooms
Dark rooms create particular difficulties if anonymous sexual activity is taking place. Men who deliberately enter such rooms may be looking for sexual activity but then go on to say that particular activity that took place was not what they wanted. Identification can also be a real problem in these types of cases.
Online Apps
There are a number of online apps which are specifically aimed at members of the LGBTQ+ community. In addition to forming friendships and relationships, these apps can extend to arrangements being made for casual sex. Arranging to meet at, or take someone to an unfamiliar place can give one party a degree of power, making the other party vulnerable to allegations.
Chemsex Party
Chemsex is the term used to describe sexual activity which occurs when participants are under the influence of drugs taken immediately preceding and/or during sexual activity. Chemsex parties involving large numbers of participants are often advertised via online apps. The drugs most commonly associated with chemsex are crystal methamphetamine (Class A), GHB/GBL (Class C) mephedrone (Class B), cocaine (Class A) and ketamine (Class C). All of these drugs with the exception of ketamine are stimulant drugs in that they typically increase heart rate and blood pressure and trigger feelings of euphoria, but crystal methamphetamine, GHB/GBL and mephedrone also have a common effect of facilitating feelings of sexual arousal.
These drugs are often taken in combination and are commonly associated with sexual sessions occurring over extended periods of time, sometimes involving significant numbers of sexual partners. There have been an increasing number of reports of rape
and/or sexual assaults committed in chemsex settings including of men being deliberately overdosed so they can be raped by one or more men.
Where allegations are made as a result of sexual encounters at chemsex parties, the questions will arise as to whether the drug use took away a persons capacity to consent. Understanding the law surrounding capacity is extremely important, of course drug use, including alcohol use, does not necessarily prevent a person from engaging in consensual sexual intercourse.
Sexual Allegations Between Women
Women can be accused of sexual offences against both men and women. Although a women cannot be prosecuted for rape, there are other sexual offences that can apply to women such as sexual assault by penetration
and sexual assault.
It is important in all cases that consideration is given to the individual circumstances of the accused, their background, sexual experiences and preferences.
Defending Allegations Between Same Sex Couples
At Eventum Legal we understand the sensitive nature of sexual allegations, in cases where allegations are made between the same sex this can make it more difficult for the accused to reach out for legal advice
and representation due to the embarrassment of the situation or the fear of not being properly understood.
Our team are approachable and all discussions regarding your case are strictly confidential. We offer a tailored approach to all cases, and unique strategies to defending all sexual offence allegations.
We Can Help With
An explanation as to what the difference is between indecent images and prohibited images, and how we can defend your case.
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
