The recent avalanche of high profile arrests and prosecutions, and the attendant publicity concerning allegations many decades old, raise a number of disturbing legal issues and problems for the accused.
The whole issue is very emotive; the view of the general public, including juries, has changed markedly and the CPS has greatly increased the number of prosecutions (including a number that would previously have been deemed as ‘weak’ allegations).
Another consequence of these prosecutions is that a civil claims industry has mushroomed with claims being made against assets/estates of the accused. So, not only has the accused to worry about defending these types of allegations but also that s/he may lose financially as well. The stakes are very high for any such individual and will often mean that careers, family life, and relationships come crashing down as a result. Sentencing policy in this field means that s/he could face lengthy prison sentences at a late age and when in declining health.
The first thing to do is to find the right firm of criminal lawyers who have a proven success record and who have successfully defended these allegations previously. You will need a team that are approachable, diligent, believe in your innocence, and are prepared to fight for you every inch of the way. Only senior, qualified lawyers have conduct of these cases in our firm - see our Historic Sex Abuse (Defence) page for more details.
We understand the difficulties presented by these cases and have an excellent record of success, using experienced barristers.
These cases can very often come down to the word solely of the complainant; corroboration is no longer necessary. So the Crown will often proceed upon a number of individual witnesses and point to similar facts as the basis of their case.
You will need lawyers who are experts in disclosure, focusing upon the veracity of the witness; who will be familiar with recovered memory syndrome, childhood amnesia syndrome, and the tainting/contamination of witness evidence. You will need lawyers who are prepared to look for defence witnesses, find alibi evidence, and documentary evidence which supports your defence. Essentially, you need lawyers who are proactive.
The defence of these cases is a delicate matter. There is unlikely to be any medical or forensic evidence supporting the complainant’s allegations. It very often depends upon whom the jury believe, and the way in which your defence is presented by your defence team is vital.
If you are facing such allegations contact Jeffrey Lewis or Tony Meisels.
