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Why the Pre-Charge Stage Is Crucial for Sexual Offence Allegations
Sexual offence allegations—including rape, sexual assault, and indecent exposure—are among the most serious and sensitive matters in the criminal justice system. The consequences of a charge, let alone a conviction, can be devastating: loss of employment, damage to reputation, family breakdown, and severe psychological impact. The pre-charge stage is therefore critical for shaping the narrative, identifying weaknesses in the prosecution case, and preventing charges where the evidence does not support them.
Sexual offence cases are unique in that they often hinge on one person's word against another's. Corroborating evidence—forensic findings, digital communications, CCTV, and independent witnesses—can be decisive in either direction. The CPS applies the same two-stage test as for all offences: the evidential test (is there a realistic prospect of conviction?) and the public interest test (is prosecution in the public interest?). At the pre-charge stage, you have the opportunity to present material that challenges the prosecution case on both fronts, before the decision to charge is made.
Requesting Disclosure
While full disclosure is not required pre-charge, targeted requests can reveal critical weaknesses in the investigation. In sexual offence cases, the following material is often relevant:
Complainant statements and any subsequent accounts or retractions
Forensic reports including DNA analysis, toxicology, and medical examination findings
Medical records relating to the alleged injuries and treatment timeline
Digital communications—text messages, emails, social media messages, and dating app conversations between the parties
CCTV footage from the relevant time and location
Phone download data including call logs, location data, and internet history
Third-party material such as counselling records, medical notes, or social services records (subject to appropriate applications)
Disclosure in sexual offence cases has been the subject of significant public scrutiny and legal reform. The police are required to pursue all reasonable lines of enquiry, including those that point away from the suspect. If they have not done so—for example, by failing to download the complainant's phone or ignoring relevant messages—this is a powerful point for your representations.
Written Representations: Presenting Your Case
Written representations in sexual offence cases require particular care. They must be factual, measured, and supported by evidence. Effective representations will:
Address consent: If the allegation involves a dispute about consent, set out the facts clearly. Provide any evidence of prior consensual contact, ongoing communication, or behaviour inconsistent with the allegation. Digital messages exchanged before, during, or after the alleged incident can be especially significant.
Challenge credibility and consistency: If the complainant's account has changed over time, contains internal contradictions, or is inconsistent with independent evidence (CCTV, forensic findings, phone data), highlight these discrepancies. Inconsistency does not prove fabrication, but it does undermine the evidential test.
Present alibi or opportunity evidence: If you were not at the alleged location at the relevant time, provide evidence—phone location data, CCTV, witness statements, receipts, or travel records. Alibi evidence is among the most compelling grounds for no further action.
Highlight forensic gaps: If forensic evidence does not support the allegation—for example, no DNA found, toxicology results inconsistent with the account, or medical findings that do not match the alleged injuries—set this out clearly.
Raise context and relationship: If the parties were in a relationship or had prior consensual contact, this context is relevant. Provide messages, photos, or witness evidence that demonstrates the nature of the relationship. This is not about victim-blaming; it is about ensuring the full picture is before the decision-maker.
Point out investigative failings: If the police have not pursued reasonable lines of enquiry—failed to obtain CCTV before it was deleted, did not download the complainant's phone, ignored exculpatory witnesses, or did not investigate alternative explanations—reference this. The officer in charge must retain and disclose all relevant material (Criminal Procedure and Investigations Act 1996).
Common Grounds for Dismissal
Sexual offence cases can be successfully challenged at the pre-charge stage on several grounds:
Insufficient evidence to meet the CPS charging standard: If the evidence does not provide a realistic prospect of conviction—for example, because the account is uncorroborated and contradicted by available evidence—the evidential test is not met.
Contradictory or unreliable complainant account: If the complainant's account has changed materially, is inconsistent with forensic or digital evidence, or is contradicted by independent witnesses, this seriously weakens the case.
Forensic evidence does not support the allegation: If DNA, toxicology, or medical findings are inconsistent with the prosecution narrative, the evidential test may fail.
Digital evidence supports the defence: Text messages, social media communications, or dating app conversations that demonstrate consent, ongoing contact, or a different version of events can be decisive.
Public interest test not met: While rare in sexual offence cases, the public interest test may be relevant for historic allegations with very weak evidence, or where the circumstances make prosecution disproportionate.
Important Evidence to Gather
Time is critical. Digital evidence can be deleted, CCTV is routinely overwritten, and memories fade. Start gathering evidence immediately:
Digital communications—texts, emails, social media messages, dating app conversations—between the parties, both before and after the alleged incident
CCTV footage, phone videos, or audio recordings from the relevant time and place
Medical and forensic reports detailing injuries, DNA findings, and timelines
Witness statements from anyone who was present, saw the parties together, or can speak to the relationship or events
Phone location data, call logs, and internet history that may confirm or contradict the allegation
Evidence of prior consensual contact or relationship
Nuanced Considerations
Sexual offence cases often turn on credibility and the interpretation of consent. These are deeply personal and sensitive matters, and the pre-charge stage must be handled with care. However, the principle of fairness requires that the full picture is before the decision-maker. If you can show inconsistencies in the complainant's account, or provide independent evidence that contradicts the allegation, this is not about undermining a genuine victim—it is about ensuring that the evidence is properly tested before a life-altering decision is made.
The police and CPS are under significant pressure to take sexual offence allegations seriously, and rightly so. But this pressure must not lead to charges being brought where the evidence does not support them. If the investigation has not been thorough—if CCTV has been lost, phones have not been downloaded, or key witnesses have not been spoken to—this is a matter of investigative fairness, and it is appropriate to raise it in your representations.
If the incident involved intoxication, mental health issues, or a prior relationship, provide a detailed account and supporting evidence. The CPS must consider whether prosecution is in the public interest, especially if evidence is weak or contradictory. In all cases, your representations should be factual, measured, and focused on the evidence—not on attacking the complainant.
Precedent and Practice
The CPS charging decision is governed by the Code for Crown Prosecutors, requiring both evidential and public interest tests. Early, detailed representations can persuade the CPS that the evidential test is not met, especially if you can provide independent evidence or highlight weaknesses in the prosecution case. The CPS has published specific guidance on sexual offence cases, and your representations should engage with this guidance where relevant.
If you are under investigation for a sexual offence, act promptly. Gather all relevant documents, digital communications, and evidence. Identify witnesses who can support your version of events. Challenge any assumptions made by investigators, request further lines of enquiry, and highlight any procedural errors or gaps in the evidence. Uploading your documents and correspondence to Caira can help you organise your material, spot inconsistencies, and prepare clear, well-structured representations.
How People Use Caira for Sexual Offence Investigations
People facing sexual offence investigations use Caira to take practical, private steps towards resolving their situation. Common goals include:
Working towards having a case dropped before charges: Uploading digital communications, witness statements, and forensic material to identify contradictions in the complainant's account and prepare draft representations aimed at no further action.
Building a defence strategy: Analysing the evidence, identifying inconsistencies or gaps in the investigation, and organising alibi evidence, digital messages, and witness statements to present a clear, credible account.
Preparing representations to the CPS: Drafting structured, measured submissions that highlight evidential weaknesses, forensic gaps, or investigative failings—with the aim of persuading the CPS not to proceed.
Requesting varied bail conditions: Reviewing bail paperwork and drafting written requests where conditions such as non-contact orders or exclusion zones may be disproportionate or causing undue hardship.
Getting clarity and confidence in private: Asking sensitive questions about your situation in a confidential, judgement-free environment—so you can understand your position and make informed decisions about your next steps.
Disclaimer: This article is general information only and does not constitute legal, financial, or tax advice.
