Crimes of a Sexual Nature (including Rape, Sexual Assault & Historical Sexual Offences)
If you have been charged with a sexual offence, contact us immediately. These cases require skilled and sensitive handling and the preparation of a robust defence. The longer we have to review the facts, the better your chances of success at trial.
Sexual offences cases are unique and require the handling of an expert lawyer. Our team have years of experience in handling such cases and is one of Scotland’s most respected sexual offences lawyers. No matter how complex the evidential issues are or how complicated the issues of consent are, we can help. Accusations of sexual offences should not be taken lightly. The impact of even an unsubstantiated accusation can have long-lasting and far-reaching effects for the accused and their family. Contact us today for expert representation.
Examples of offences you may be facing:
- Rape (section 1 of the Sexual Offences (Scotland) Act 2009)
- Sexual assault by penetration (section 2 of the Sexual Offences (Scotland) Act 2009)
- Sexual assault (section 3 of the Sexual Offences (Scotland) Act 2009)
- Historical sexual offences, including historical child sexual abuse
- Sexual offences against children
- Possessing, taking or distributing indecent images of children (sections 52 and 52A of the Civic Government (Scotland) Act 1982)
- Communicating indecently, including sending sexual messages or images (section 7 of the Sexual Offences (Scotland) Act 2009)
- Disclosing, or threatening to disclose, intimate images (section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016)
- Voyeurism (section 9 of the Sexual Offences (Scotland) Act 2009)
- Sexual harassment
- Stalking (section 39 of the Criminal Justice and Licensing (Scotland) Act 2010)
- Domestic abuse, including sexual violence within a relationship (Domestic Abuse (Scotland) Act 2018)
- Any other offence under the Sexual Offences (Scotland) Act 2009
Sexual Offence Solicitors and Lawyers for Glasgow, Edinburgh & Across Scotland
If you are facing an allegation of a sexual offence, it is not just your liberty that is at stake, your reputation is too. It’s vital to take expert legal advice as early as you can. If you are convicted, it may be too late for a successful appeal – in this event, your reputation is likely to be damaged beyond repair and that’s not to mention the consequences of being placed on the sex offences register. We advise clients charged with sexual offences in Glasgow, Edinburgh, Ayrshire, Inverness, Aberdeen, Dundee and indeed Scotland-wide.
Defending a sexual allegation requires skilled, mature and specialist handling. Sexual offences require thorough investigation and scrutiny of evidence as well as skilled presentation in court – a lot of time may have elapsed and it may be a matter of assessing evidence which exists only in decades old memory. The majority of cases involve questions of reliability and credibility including issues such as false/transferred memory, collusion, suggestibility and false confession among other psychological factors, all of which require to be handled with the greatest off expertise and sensitivity. Our skilled sexual offences lawyers are more than capable of this. In sexual cases there is often reliance on forensic or scientific evidence. This firm has a host of skilled and experienced criminal defence lawyers to support your defence.
This is a complicated and emotive area of law. There is no time limitation on these types of case meaning they can be brought many years after the event. If your livelihood, liberty and reputation are at stake, trust Beltrami, and Gary McAteer, to help.
If you have been charged with Rape, Indecent Assault, Lewd and Libidinous Practices, Child Pornography Offences or Offences under the Sexual Offences (Scotland) Act 2009 or any other sexual offence, Call us immediately.
Rape Defence Solicitors in Scotland
Rape is among the most serious charges in Scots law. In almost every case it is prosecuted under solemn procedure in the High Court of Justiciary, before a judge and jury. Under section 1 of the Sexual Offences (Scotland) Act 2009, the Crown has to prove that penetration took place without consent and without any reasonable belief in consent. Allegations dating from before the Act came into force on 1 December 2010 are prosecuted under the common law that applied at the time.
Most rape trials come down to questions of consent, credibility and reliability. Evidence is often limited to two people's accounts, and the Crown must still meet the corroboration requirement. Our rape defence solicitors examine every part of the Crown case: the timeline, digital evidence such as messages and phone data, medical and forensic findings, and any prior statements. Where either side wants to lead evidence about the complainer's sexual history or character, a Section 275 application is required, and how that is handled can shape the whole trial.
A conviction for rape carries a custodial sentence and notification requirements under the sex offenders register. That is why early advice matters. If you have been arrested or charged, or you believe you are under investigation, speak to us before any police interview.
Sexual Assault Defence Lawyers
Sexual assault covers a wide range of conduct, from sexual assault by penetration (section 2 of the 2009 Act) to sexual assault involving touching or other sexual activity without consent (section 3). Some cases are prosecuted on indictment and some summarily, depending on the seriousness of the allegation. That decision sits with the Procurator Fiscal. Our sexual assault defence lawyers act at every stage, from police interview and first appearance through to trial and appeal, in the Sheriff Court and the High Court across Scotland.
Sexual Abuse Allegations, Including Historical Abuse
Allegations of sexual abuse, including those involving children or dating back many years, carry no time bar in Scotland. Charges can be brought decades after the events described. Historical cases raise their own evidential problems: witnesses who have died or can't be traced, records that no longer exist, and memories that may have changed or been influenced over time. Where an allegation pre-dates the 2009 Act, it will usually be charged under the common law, for example as indecent assault or lewd, indecent and libidinous practices and behaviour.
We have defended historical sexual abuse allegations for many years. Defending them means testing reliability and credibility carefully, examining whether accounts have been influenced by contact between complainers, and looking for documentary evidence that can still be recovered. If you believe an allegation against you is untrue, our false allegation defence team deals with exactly this situation.
Being accused of sexual abuse can affect your family, your work and your reputation long before any trial. Contact us for a confidential conversation as early as you can.
What Happens After You're Charged with a Sexual Offence in Scotland?
Once the police have interviewed you and reported the case, the decision on what happens next sits with the Crown Office and Procurator Fiscal Service, not the police. Because most sexual offences — particularly rape and serious sexual assault — are treated as some of the most serious crimes in Scots law, they're usually prosecuted under solemn procedure, meaning the case is heard before a judge and jury in the Sheriff Court or the High Court of Justiciary rather than dealt with summarily. You'll typically appear on petition, where the court decides whether you're released on bail or held in custody pending trial. From there, both sides prepare their evidence ahead of a trial diet, and Scots law's requirement for corroboration — that the essential facts of a case must be confirmed by more than one source of evidence — plays a significant role in how these cases are contested. Early legal representation matters at every one of these stages, not just at trial.
Frequently Asked Questions
Do I need a solicitor before my police interview?
Yes. Anything said in a police interview can be used in evidence, and you're entitled to have a solicitor present before you answer any questions.
What is corroboration, and why does it matter in these cases?
Scots law generally requires two independent sources of evidence to prove a crime. In sexual offence cases, where much of the evidence often comes down to one person's account against another's, whether the Crown can meet that corroboration requirement is frequently the central issue at trial.
What verdict can a jury reach?
Since 1 January 2026, Scotland has abolished the historic "not proven" verdict — a jury can now only return guilty or not guilty. Conviction also now requires at least two-thirds of the 15-person jury (10 jurors) to agree, replacing the previous simple-majority rule.
What happens if I'm convicted?
Sentencing depends on the offence and its circumstances, but a conviction for a sexual offence can carry a custodial sentence and inclusion on the sex offenders register. It can also be appealed.
Can a conviction be appealed?
Yes — an appeal can challenge either the conviction itself or the sentence, but there are strict time limits, so speak to a solicitor as soon as possible if you're considering one.
Why Beltrami? The law firm that other lawyers recommend
Having acted in more than 150,000 cases in 60 years in every court in Scotland, the firm boasts a wealth of legal knowledge and expertise, particularly in the field of criminal law, employing creative legal thinkers to interpret the law and provide imaginative legal problem solving techniques.
Our team is led by Gary McAteer. Comprising 4 Solicitor Advocates, 1 Kings Counsel and 9 Solicitors along with qualified support staff, we boast unrivalled criminal defence expertise.
The Legal 500 place us in their top tier for crime, fraud and licensing law and note that we enjoy “An unrivalled reputation in Glasgow”.
We are the criminal lawyers other lawyers recommend. No matter how serious an offence you have been charged with, Beltrami and company have the skills and expertise to defend you.
Locations Served
If you are facing charges related to a sexual offence, Beltrami & Company offer expert advice in these locations:
- Grampian, Highland and Islands
- Tayside, Central and Fife
- South Strathclyde, Dumfries and Galloway
- North Strathclyde
- Edinburgh, Lothian and Borders
- Glasgow and Strathkelvin
Contact Beltrami & Company
Beltrami and Company offer a high quality service to all clients, whether the case is legal aided or privately funded. Clients can be assured of complete confidentiality and discretion.
Beltrami & Company are conveniently based near Glasgow city centre but operate throughout Scotland. The firm offers a 24-hour, 365-day a year service for clients in police custody. Any calls to our offices out with normal business hours can be dealt with by an experienced solicitor.
Section 275 Applications in Sexual Offence Cases
Where a Section 275 application is relevant to your case — for example, to admit evidence about the complainer's prior sexual conduct — Beltrami & Company can advise and represent you. Find out more about Section 275 applications in Scotland.
Falsely Accused of a Sexual Offence?
If you have been falsely accused of a sexual offence, it is vital to act immediately. Our team has decades of experience defending false allegations in Scotland and will build the strongest possible case from day one.
