Sexual Offences

We recently represented a client accused of rape by his former girlfriend.  He denied the allegation but was subject to police bail for over six months before turning to Old Bailey Solicitors for representation in court.  Crucial evidence was obtained from our client’s mobile phone which had been seized by the police but not analysed.  Experienced counsel was instructed and through a number of case conferences we helped the client to prepare for trial.  He was unanimously acquitted by the jury and has put his life back on track.

More emotive and personal than any other allegation, if you are facing an allegation of a sexual nature, we promise to handle your case sensitively and confidentially.  We will never pre-judge you. We will simply assess the case against you and give you clear advice. Our criminal solicitors will fight your corner from the first stages of the investigation.

Old Bailey Solicitors has dealt with sexual allegations of all kinds. Some cases will involve a simple factual dispute whilst others require expert evidence, whether computer evidence in an internet pornography case, psychological evidence in an allegation of childhood abuse, or straightforward forensic evidence.  We will always look to challenge the prosecution case in accordance with your instructions.

Our senior advocates and the barristers we instruct have experience of handling witnesses over live video-links as nearly all complainants in sexual cases will be given the option to give their evidence in this way.

Rod Hayler and Karen Brookes have both enjoyed notable successes on behalf of clients facing serious sexual allegations in recent years.  Rod has saved many of his clients from prison where lengthy sentences seemed inevitable.  Karen has enjoyed a significant run of acquittals on behalf of clients falsely accused of rape or other sexual assaults.

We know that a conviction for a sexual offence can have life changing consequences for our clients and that even the most minor of allegations can result in stigma or a client being forced from their home, especially if they have children.  Social Services may become involved in many cases and if convicted, the Sex Offenders’ Register will become relevant, sometimes for life.  Also, the court will consider imposing a Sexual Harm Prevention Order (SHPO) which may have a dramatic impact on a client’s ability to access the internet and to associate with certain members of their family.   At all stages we look to safeguard your interests and to defend your case robustly.

Brothels

It is a criminal offence under the Sexual Offences Act 1956 for a person to keep a brothel or to manage, act or assist in the management of a brothel.

The Sexual Offences Act distinguished two offences of running a brothel. One where the defendant is charged with keeping or managing a brothel (Section 33) and a separate, potentially more serious offence, whereby a defendant is charged with running a brothel to which people resort for practices involving prostitution (Section 33A).

A person does not keep a brothel unless he or she is aware that the place is to be used by more than one prostitute for the purposes of prostitution.

The distinction between the two offences is a subtle one but essentially boils down to the fact that a brothel may include places that are not used for the purpose of paid prostitution but includes places where a woman offers herself as a participant in physical acts of indecency for the sexual gratification of men and it is not necessary that payment takes place.

Section 6 of the Sexual offences Act 1967 extends the definition of a brothel to cover homosexual activity

SENTENCE
If you charged under Section 33A the maximum sentence is 7 years’ imprisonment, under Section 33 the maximum sentence is 3 months’ imprisonment turning to six months’ on a second conviction.

SEXUAL OFFENCES DEFENCE LAWYERS
Old Bailey Solicitors have extensive experience of defending the full range of sexual offences and will be able to provide you with expert advice in relation to the relationship between the Criminal Justice System and the sex industry. Our expert criminal defence solicitors have many years of experience and are able to advise you about the limits of the law and what happens if you are being investigated.

Our criminal solicitors will act early in your investigation to ensure the best possible outcome for your case.

Letting A Premises as a Brothel

It is a criminal offence under section 34 of the Sexual Offences Act 1956 for a landlord or lessor to let the whole or part of a property in the knowledge that it is to be used as a brothel.

The Landlord must know that the building is to be used as a brothel or is being used as a brothel.

SENTENCE
The offence under Section 34 is a summary only offence which means it can only be tried in the Magistrates’ Court and carries a maximum term of imprisonment of 3 months rising to 6 months for a second conviction for the same or similar offence.

WHAT IS A BROTHEL?
A brothel may include places that are not used for the purpose of paid prostitution but includes places where a woman offers herself as a participant in physical acts of indecency for the sexual gratification of men and it is not necessary that payment takes place.

CRIMINAL SOLICITORS LONDON
Our criminal defence solicitors are experts in representing clients accused of all types of sexual offences. Our criminal defence experts will be able to advise you on the parameters of the criminal law. If you have been arrested and are under investigation our criminal lawyers will be able to make contact with the police to try and ensure an early resolution to your case. If you are charged and you are required to attend Court our lawyers will be able to sensitively defend your case to ensure that your interests are represented to the fullest.

Members of our firm have decades of criminal defence experience, and some are ranked in the Legal 500 and Chambers & Partners  in recognition of their commitment to trial advocacy and dedication to their clients’ cases

Tenant allowing Premises to be use as a Brothel or for Prostitution

It is an offence for a tenant to knowingly allow part or the whole of any premises to be used as a brothel.

A brothel may include places that are not used for the purpose of paid prostitution but includes places where a woman offers herself as a participant in physical acts of indecency for the sexual gratification of men and it is not necessary that payment takes place.

It is also an offence for a tenant to knowingly permit the whole or part of a premise to be used for the purposes of habitual prostitution. In contrast to the offence of keeping or managing a brothel, it is only necessary for one prostitute to work from the premise.

LANDLORDS RESPONSIBILITIES TO PREVENT BROTHELS
If a tenant is convicted of allowing premises to be used as a brothel then the landlord of those premises has increased powers of eviction over that tenant.

If the Landlord fails to exercise these extra powers or grants a new lease or licence to the tenant and the tenant repeats the offence, then the landlord will be culpable as a party to the offence unless he or she can show that they took reasonable steps to prevent the property being used as a brothel.

EXPERT CRIMINAL DEFENCE SOLICITOR
If you have been arrested or concerned about any offence relating to prostitution or the keeping of a Brothel please call us to speak to an expert criminal defence solicitor. We will be able to advise you about the limits of the law and will be able to defend you if you are charged with a criminal offence. Our criminal solicitors have years of experience in defending all criminal offences including cases related to the sex industry.

Rape

Rape is a clearly a very serious offence and the consequences of just an allegation of this nature can be life changing. We understand this and we dedicate our extensive resources in defending your case.

Very often allegations of rape are made where the person who has accused you of rape is someone who is well known to you and you are shocked and surprised to have been accused of rape.

CROSS EXAMINATION EXPERTS
Our court room lawyers are experts in cross examination. Our criminal defence lawyers will be able to deftly examine any witness testimony and will be able to expose any inconsistencies in the prosecution’s evidence. We will aim to establish a doubt in the jury’s mind so that they can not be sure of the prosecution’s version of events.

We will not shy away from asking difficult, and sometimes, uncomfortable questions. We know that it is your life and future on the line and we will defend your case vigorously.

BACKGROUND INVESTIGATIONS
We will ensure that we have all the available evidenced to hand on all the prosecution’s witnesses.

It may be the case that there is significant background evidence against the prosecution’s witnesses that we can use to defend your case.

We often instruct experienced private investigators to carry-out enquiries on behalf of our clients. Most of our private investigators are ex-police officers or have many years of investigative experience.

CHANGE YOUR CRIMINAL DEFENCE SOLICITOR
If you already have a criminal defence solicitor, but you are unhappy with their service, you are entitled to change your representation. If you wish to change lawyers please call us to speak to an expert criminal defence solicitor for a free and confidential consultation.

Prostitution

Sections 52 and 52 of the Sexual Offences Act 2003 prohibit the “exploitation of prostitution”.

Section 52 of the Act prohibits the causing or inciting of prostitution for Gain

Section 53 Prohibits the Controlling of Prostitution for Gain

Gain includes any financial advantage including the discharge of any debt or the provisions of goods or services (including sexual services) and also the goodwill of any person which appears likely, in time, to bring a financial advantage.

Prostitution or Prostitute means a person who on at least one occasion and, whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment.

For offences under both Section 53 and 54 the acts constituting the offence must be committed in England and Wales.

SECTION 52
A person commits an offence under this section if they intentionally cause or incite another person to become a prostitute in any part of the world. The person incited does not in fact have to engage in an act of prostitution. The accused person must have acted in the expectation of gain to himself or to a third person.

The maximum sentence for this offence is 7 years imprisonment if charged on indictment.

SECTION 53
A person commits this offence if he controls any activities of person relating to that person’s prostitution in any part of the world and he does so for a gain to himself or a third person.

The control that the person must exert may be direct or through a third person. The control does not have to include force and it is not necessary that the person has to have acted without free will. The control may be exerted by physical force or threat of force but may include emotional blackmail or the lure of some form of gain.

The maximum sentence for an offence under section 53 is 7 years imprisonment if charged in indictment; only 6 months if charged summarily.

CRIMINAL SOLICITORS SEXUAL OFFENCES
Old Bailey Solicitors have significant experience in defending clients investigated or charged for offences relating to prostitution or the sex industry.

Our criminal defence lawyers will be able to advise you clearly and cogently on all the possible implications of a criminal investigation into prostitution or similar offences such as running a brothel.

All our lawyers are exclusively criminal defence experts and we routinely achieve acquittals for our clients at trial.

Can we help you? Please contact us now.

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