Police Interview for Sexual Offence Allegations: Your Rights and What Not to Say

You"ve been called in for a police interview. Maybe they've said it"s "voluntary." Maybe they haven"t explained much at all. But one thing is clear: it"s about a serious allegation, possibly sexual assault, rape, or another offence of a sexual nature.

This is not a conversation. It"s a legal process. And what you say, or don"t say, can define the rest of your life.

If you"re facing a sexual offence police interview, your future may hinge on what happens in that room. This guide explains your rights, what not to say, and why having the right solicitor is not just helpful, it's essential.

What Is a Police Interview Under Caution?

A police interview under caution is a formal questioning session that may be used as evidence in court. You"ll be cautioned at the start, usually with the following words:

"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

This means:

• You"re not legally required to answer questions
• But remaining silent could be used against you later
• Anything you say can be used in court

If you"re being questioned about a sexual offence, even if it"s "just to clarify a few things", treat it with the seriousness it deserves.

Is a Voluntary Interview Still Serious?

Yes. A voluntary interview may sound less threatening than being arrested, but the legal risk is just as real.

You are still:

• Being interviewed under caution
• At risk of being charged later
• Having your words recorded and reviewed by the CPS
• Being treated as a suspect, not simply a witness

Many people wrongly assume a voluntary interview is informal and safe to navigate alone. This is a major mistake.

Never attend a sexual offence police interview, voluntary or otherwise, without a solicitor.

What Are Your Rights in a Sexual Assault Police Interview?

If you're being questioned in relation to a sexual offence, you have specific legal rights under PACE (Police and Criminal Evidence Act 1984):

• The right to free legal advice – regardless of income or whether the interview is voluntary
• The right to be informed of the allegation – usually through a brief disclosure before the interview
• The right to consult privately with your solicitor
• The right to remain silent – though silence may result in an "adverse inference" later
• The right to refuse a voluntary interview altogether – though this may increase the likelihood of arrest

You can also terminate the interview at any time, especially if it becomes confrontational or your solicitor advises it.

Should You Answer Questions or Say "No Comment"?

This depends entirely on the situation, and must be guided by your solicitor.

There are typically three options in a sexual offence interview:

1. Answer All Questions (Full Account)

Useful when you have a clear, consistent version of events supported by messages, witnesses, or timelines. High risk if your story later contradicts new evidence.

2. "No Comment" to All Questions

Often safest when:

• Disclosure is incomplete
• The allegation is vague or historic
• The police are on a fishing expedition
• Your solicitor advises you to withhold your version pending more evidence

May lead to adverse inferences at trial but can also protect you from contradicting yourself.

3. Prepared Statement

You submit a written statement setting out your version of events and refuse to answer questions beyond that. This lets you control the narrative without being cross-examined in interview.

Your solicitor will advise which approach protects your case. Do not make this decision alone.

Common Police Tactics in Sexual Offence Interviews

During a police interview about a sexual allegation, officers often use subtle, and sometimes not-so-subtle, techniques to extract information. You need to recognise these for what they are: tactics.

Some common methods include:

• "We just want to hear your side of the story" Sounds harmless. It's not. They're building evidence, against you.
• "This is your chance to clear it up" Also a trap. Saying something that contradicts digital or future evidence can destroy your defence.
• False reassurance Officers may act friendly or informal. Don't be lulled into thinking you're in a safe space.
• Bluffing evidence Police may say they have texts, DNA, CCTV, even when they don't. Never assume they're telling you everything they know.

What Not to Say in a Sexual Offence Interview

Here are 5 things you should never say during a sexual offence police interview:

1. "I don't remember, but if she says I did, maybe I did."

This sounds like uncertainty, but in court, it's interpreted as partial admission.

2. "We've had sex before, so I assumed it was fine."

Consent must be given each time. This statement is legally useless and extremely risky.

3. "I didn't do anything, but I deleted the messages just in case."

Deleting potential evidence raises suspicion, even if the content was innocent.

4. "I don't want a solicitor, I've got nothing to hide."

This is one of the most damaging things you can say. It suggests naivety and gives the police a massive advantage.

5. "I'll explain everything at trial."

If you don't mention key facts during interview, a jury may later wonder why, especially if you've had legal advice.

How to Prepare Before a Police Interview

Whether you're attending voluntarily or under arrest, proper preparation is everything. Here's how to protect yourself before the interview begins:

• Instruct a specialist solicitor – Not just any criminal lawyer, but one with experience in sexual offence cases
• Get pre-interview disclosure – Your solicitor should request and review a summary of the allegation and evidence
• Prepare your strategy – Whether you give a full account, stay silent, or read a prepared statement must be planned in advance
• Review key facts – Timeline, communication, events leading up to the allegation, digital records
• Preserve evidence – Do not delete anything; screenshot and back up messages if possible, but only on legal advice

What Happens After the Interview?

You won't get a decision immediately after the interview unless it's a very minor allegation. Instead, one of the following outcomes is likely:

1. Released Under Investigation (RUI)

You're free to go with no conditions, but the case remains open. This status can last months, sometimes more than a year.

2. Pre-Charge Bail

You're released with conditions (e.g. no contact with the complainant, passport surrender). Breaching bail is a separate offence.

3. Charge

If the CPS believes there is a realistic prospect of conviction and it's in the public interest, you will be charged. You may be bailed to court or held in custody.

In all scenarios, your solicitor will continue engaging with police and CPS, including making pre-charge representations to avoid prosecution.

Can the Police Use My Interview in Court?

Yes. If the case goes to trial, your interview is admissible evidence, and may be played in full to the jury. Any inconsistencies, omissions, or contradictions will be exploited by the prosecution.

Even something you said casually or off-hand can be used against you. That's why your approach must be legally planned from the outset.

Final Word

Facing a sexual offence police interview is one of the most high-stakes events in any person's life. Saying the wrong thing, trusting the wrong person, or trying to "clear things up" without advice can, and often does, lead to criminal charges.

But the good news is this: you don't have to face it alone. You have the right to legal advice. You have the right to silence. And with a specialist solicitor by your side, you have a real chance of protecting your future before charges are ever made.

If you've been contacted for an interview, do one thing before anything else: speak to a lawyer who deals with sexual offence allegations. It could be the most important call of your life.

One Wrong Word in Interview Can Ruin Your Case

If you're facing a police interview for a sexual offence allegation, what you say, or don't say, could decide your future. The police already have a version of events. They're not just "hearing your side", they're gathering evidence to use against you.

We've represented hundreds of clients at police interviews and know exactly how officers ask loaded questions, twist answers, and pressure suspects into making mistakes.

Before you go in, get the right legal advice. We'll prepare you, sit beside you, and protect you every step of the way.

Call now for urgent, confidential support before your interview. Your silence, your wording, your strategy, it all starts here.

FAQs: Police Interviews for Sexual Offence Allegations

Do I have to attend a voluntary police interview?

No, you're not legally obliged to attend. But refusing may lead to arrest. Even if it's voluntary, treat it as seriously as a formal interview, you are still a suspect, and anything you say can be used against you in court.

Can I have a solicitor present during the interview?

Yes, and you should. You are legally entitled to free legal representation during any police interview, even if it's voluntary. Never attend a sexual offence interview without a solicitor present, regardless of how "informal" it seems.

Should I answer police questions or say "No Comment"?

It depends on the case. Sometimes answering helps; sometimes it makes things worse. Your solicitor will assess the evidence (called "disclosure") before the interview and guide you on the safest approach, full account, no comment, or prepared statement.

Will it look bad if I say "No Comment"?

Not necessarily. If there's limited or vague evidence, or your solicitor hasn't received full disclosure, saying "No Comment" can be a legally strategic move. You have the right to silence, but it must be exercised wisely with legal advice.

Can I see the evidence before the interview?

You're entitled to a summary of the allegation (called "disclosure"), but this is usually very limited. Police are not required to show you full evidence at this stage. Your solicitor will request and review whatever they can before you're questioned.

How long will the interview last?

Interviews can last anywhere from 30 minutes to several hours, depending on the complexity of the allegation and how many questions are asked. You can take breaks and ask to speak with your solicitor at any point.

What if I make a mistake during the interview?

Mistakes can and do happen, but once something is said, it becomes part of the evidence. That's why careful preparation and legal representation are essential. A solicitor can sometimes correct or clarify your answers before the case progresses.

Can I be charged right after the interview?

It's possible, but not common. Most suspects are either released under investigation (RUI) or on pre-charge bail while the police complete their investigation and consult with the CPS. This process can take several months.

What if I haven't done anything wrong?

Many innocent people assume they can simply explain themselves. But police interviews are designed to build evidence, not resolve misunderstandings. Always protect yourself legally, even if you believe the accusation is false or absurd.