Sexual Assault Defence Solicitors & Lawyers in Scotland

If you have been accused of sexual assault, or think you may be under investigation, speak to a sexual assault defence solicitor before you speak to the police. A sexual assault charge can put your liberty, your job and your reputation at risk, and the earlier our sexual assault lawyers are involved, the more we can do to protect your position.

Beltrami & Company has defended people accused of sexual assault and other sexual offences across Scotland for decades. Our solicitors and solicitor advocates act at every stage, from the first police contact to trial in the Sheriff Court or the High Court and, if needed, appeal. Call us in confidence on 0141 890 5555 or contact us online.

Accused of Sexual Assault? What to Do Now

• Get legal advice before any police interview. You are entitled to a solicitor before and during a police interview, and our police station solicitors can attend with you. Anything you say can be used in evidence.
• Do not contact the person making the allegation, directly or through friends or social media. Contact can be treated as interference with a witness, and bail conditions usually forbid it.
• Keep everything. Do not delete messages, call logs, photos or social media activity. Digital evidence can support your account as well as the Crown's.
• Do not discuss the allegation with anyone other than your solicitor.

What Counts as Sexual Assault in Scots Law?

Sexual assault is defined in section 3 of the Sexual Offences (Scotland) Act 2009. A person commits sexual assault if, without the other person's consent and without any reasonable belief that they consent, they:

• sexually penetrate, by any means, the other person's vagina, anus or mouth
• intentionally or recklessly touch the other person sexually
• engage in any other sexual activity involving physical contact with the other person, whether directly or with an object, and whether or not through clothing
• intentionally or recklessly ejaculate semen onto the other person
• intentionally or recklessly emit urine or saliva onto the other person sexually

The offence covers a very wide range of conduct, from a single touch over clothing to serious penetrative assaults. How the case is prosecuted, and the likely outcome, depends heavily on the facts.

Sexual Assault by Penetration

Section 2 of the 2009 Act creates the separate, more serious offence of sexual assault by penetration. It covers sexual penetration of the vagina or anus, without consent and without reasonable belief in consent, with any part of the body or anything else. Like rape, it carries a maximum sentence of life imprisonment.

Consent and Reasonable Belief

Most sexual assault cases turn on consent. Under the 2009 Act, consent means free agreement. There is no free agreement where, for example, the person is incapable of consenting because of alcohol or another substance, agrees only because of violence or threats, or is asleep or unconscious. Consent can also be withdrawn at any time.

The Crown must also prove that the accused had no reasonable belief in consent. The court will consider whether the accused took any steps to find out whether there was consent. These questions depend on the detail of what happened, which is why careful investigation of the evidence matters so much.

How Sexual Assault Cases Are Prosecuted

The Procurator Fiscal decides how a sexual assault case will be prosecuted, depending on how serious the allegation is.

• Summary procedure: less serious cases can be tried in the Sheriff Court before a sheriff sitting alone. The maximum sentence on summary conviction is 12 months' imprisonment, a fine, or both.
• Solemn procedure: more serious cases are prosecuted on indictment before a jury in the Sheriff Court or the High Court. On conviction on indictment, the maximum sentence for sexual assault is life imprisonment.

Early representations to the Procurator Fiscal can sometimes influence how a case is prosecuted, which is another reason to instruct a solicitor as soon as possible.

Evidence in Sexual Assault Cases

Corroboration. Scots law still requires corroboration, meaning the essential facts must be supported by evidence from more than one source. Recent decisions of the High Court have widened what can count as corroboration in sexual offence cases, so it is important to have sexual assault defence lawyers who follow these developments closely.

Character and sexual history evidence. Evidence about a complainer's sexual history or character is generally not allowed unless the court grants a section 275 application.

Representation at trial. In sexual assault cases in the Sheriff Court and the High Court, the accused is not allowed to conduct their own defence at hearings where witnesses give evidence. They must be represented by a lawyer.

Historical and False Sexual Assault Allegations

Allegations about events before 1 December 2010, when the 2009 Act came into force, are prosecuted under the common law, usually as indecent assault. Historical cases raise their own difficulties: witnesses who have died or can't be traced, records that no longer exist, and memories that may have changed over time.

If you have been falsely accused of sexual assault, our false allegation defence solicitors test the reliability and credibility of the allegation and look for the evidence that supports your account.

Sexual Assault and the Sex Offenders Register

A conviction for sexual assault brings notification requirements, commonly called being placed on the sex offenders register. How long they last depends on the sentence. For example, a prison sentence of 30 months or more means notification for an indefinite period, while a sentence of 6 months or less means 7 years.

Why Choose Beltrami's Sexual Assault Lawyers?

• Experience at the highest level. The firm has acted in more than 150,000 cases over 60 years in every court in Scotland.
• A team for every court. Led by Gary McAteer, our team includes solicitor advocates, a King's Counsel and experienced solicitors, so your case can be handled by the same firm from police station to verdict, in the Sheriff Court or the High Court.
• Detailed, sensitive preparation. Sexual assault cases depend on credibility, reliability and detail. We investigate thoroughly and handle every case with discretion.

Sexual Assault Solicitors in Glasgow, Edinburgh and Across Scotland

We are based in Glasgow and our sexual assault solicitors represent clients across Scotland, including Edinburgh, Aberdeen, Dundee, Inverness and Ayrshire.

Frequently Asked Questions

Should I speak to a lawyer before a police interview about a sexual assault allegation?
Yes. You are entitled to legal advice before and during a police interview. What you say can be used in evidence, so take advice before answering questions.

Which court will deal with a sexual assault charge?
It depends on how serious the allegation is. Less serious cases can be dealt with in the Sheriff Court under summary procedure. More serious cases go before a jury in the Sheriff Court or the High Court.

What is the maximum sentence for sexual assault in Scotland?
On summary conviction, up to 12 months' imprisonment, a fine, or both. On conviction on indictment, the maximum is life imprisonment.

What is the difference between sexual assault and rape?
Rape involves penetration with the penis. Sexual assault covers other non-consensual sexual contact, including penetration by other means. Sexual assault by penetration of the vagina or anus is a separate offence with the same maximum sentence as rape.

Will I be put on the sex offenders register?
A conviction for sexual assault brings notification requirements. The length depends on the sentence you receive.

Contact Our Sexual Assault Defence Solicitors

Every enquiry is handled in strict confidence. Call us on 0141 890 5555 or contact us online, and speak to us before any police interview.

We also defend rape allegations and all other sexual offences, including sexual harassment.