Sexual Offences and the Pre-Charge Process: What Happens Before Charges are Laid?

Sexual offence allegations are some of the most serious and distressing accusations a person can face. Even before formal charges are laid, police investigations can feel invasive and overwhelming —and what you say or do during this time may result in lasting consequences.

At Doogue + George Defence Lawyers, we have extensive experience representing individuals in all manner of complex sexual offence cases. One of the most crucial stages in these matters is often the pre-charge phase. Seeking legal advice early in the process can mean the difference between police pursuing or abandoning an investigation.

Sexual Offence Allegations: A High-Stakes Area of Law

Sexual offence cases are prosecuted aggressively, and both the legal penalties and social stigma can often be significant, even if the allegations ultimately can’t be proved. These offences include:

• Rape
• Sexual assault
• Child abuse material and other online offences
• Sexual penetration or indecent assault of a child
• Historical sexual offences

The legal and evidentiary issues in these matters are complex. It can be the case that an allegation arises from a misunderstanding, false memories, or a malicious complaint. It is our job to ensure your side of the story is heard and that your rights are vigorously defended from the outset. The seriousness of these offences does not diminish the rights that you have, and pre-charge legal advice can ensure that you are treated fairly during the investigation process.

What Is the Pre-Charge Stage?

The ‘pre- charge stage’ refers to the period where police have started investigating an allegation but have not yet decided whether they will formally charge a person. This often follows a formal complaint made to police in the form of a witness statement alleging that a sexual offence has been committed.

During the pre-charge stage:

• Police will ask a suspect to attend an interview
• Devices including mobile phones and laptops are seized for forensic analysis
• Witnesses are interviewed and statements taken
• Police review phone records and social media accounts.

Until police approach them for an interview, the suspected person may not be aware that an investigation is underway.

People often underestimate how serious this time can be and the importance of navigating the process carefully and strategically. For example, people accused of these offences are often keen to clear their name, and they might speak to the police without seeking legal advice which in some circumstances can be a critical mistake. If you find yourself in this position you should seek legal advice immediately.

What We Can Do

Depending on your situation, there are different avenues we can explore you with in the pre-charge stage. Our advice will depend on what offences you are accused of committing and other surrounding circumstances.

Our lawyers will discuss strategic stages and options with you.

• Record of Interview Advice – police often ask people they are investigating to attend a police station to give their version of the events underlying a potential charge. This may have been phrased in a casual way, such as asking you to come by for a chat to give your version of events. You need to be aware that even if the request is phrased in a friendly way, anything you say could be used in a case against you. If you have been asked to participate in an interview, you should seek legal advice. This will ensure you know what your rights are and have a strategy for your interview, if you do choose to participate. Sometimes clients decide they would like one of our lawyers to accompany them for the interview. This can help them to feel confident they won’t make any admissions that might hurt them later and often ensures the interview runs smoothly.
• Pretext Call Advice – in some instances where a sex offence has been alleged, the police will arrange for the complainant to make a phone call to the accused from the police station. These calls are recorded without your knowledge and statements that you make during the call may be used as evidence against you, even if you don’t make an outright admission that you’re guilty. To be recorded without your knowledge may seem unfair however, phone calls recorded in this way are often frequently admitted into evidence in sexual offence cases. If you think you might be investigated for sexual offences, it is important to understand the likelihood of a pretext call being arranged by police.
• Make Independent Enquiries – in some cases we can conduct our own investigations to assist in building your defence at an early stage. This might be done through using qualified private investigator or obtaining statements and evidence to support your story. Being able to prove your version of events may avoid charges being laid altogether by revealing significant defects with the prosecution case.
• Preserve Evidence – there might be evidence that supports your story that the police mistakenly thought was irrelevant and did not properly preserve such as chains of text messages, voice recordings, or communications via social media. This is much more effective when collected early to strengthen your side of the story.

Why Early Legal Advice Matters

Engaging a criminal defence lawyer before you are charged gives you the best chance of properly understanding the allegations, the evidence being considered, and the prospects of being charged. It will assist you in making informed decisions about interview strategy and how to avoid staying or doing something that could incriminate you. It will provide you with the opportunity to preserve and provide your own evidence including by engaging investigators to locate evidence to support your story. These efforts may prevent charges from being laid and ensure criminal proceedings are avoided altogether.

We are highly experienced in assisting clients during the investigation stage. The work we proactively do to protect clients’ rights can greatly assist in understanding the process and resolving matters early.