What to Do If You Have Been Arrested for a Sexual Offence: A Step-by-Step Guide

Being arrested for a sexual offence is a life-altering experience. It's frightening, confusing, and filled with uncertainty. Whether the allegation came out of the blue or followed a long investigation, the moment you're detained by the police feels like the floor has been pulled from beneath you. Emotions run high, fear, shame, anger, panic. But what you do in those first few hours can heavily influence the outcome of your case.

This guide is designed to help you or your loved ones understand the legal process following arrest for a sexual offence in England and Wales. From the second you're placed in handcuffs to the moment you're released, or charged, this guide outlines your rights, your options, and the best way to protect yourself at every stage. It does not assume guilt or innocence. It exists to ensure you have the tools to make informed decisions during a critical time.

Stay Calm and Focused

In the shock of an arrest, it's easy to panic, say too much, or act out of emotion. But composure is your first asset. The police must follow strict procedures from the moment you're detained. Pay attention to:

• The exact words used by the arresting officer
• The time of your arrest
• What you are told regarding the nature of the accusation
• Any use of force or misconduct

Exercise Your Right to Legal Advice

You are entitled to free legal representation while in custody. This isn't a luxury; it's a necessity. Immediately and clearly request a solicitor. You can use the duty solicitor provided or contact your own lawyer, preferably one with experience in defending sexual offence allegations.

Do not answer questions, sign statements, or make casual remarks to officers or other detainees before legal counsel arrives. Many people make critical errors at this stage, trying to &aquot;explain&aquot; themselves or give reassurances. Those words can be used in evidence, even if misunderstood or taken out of context.

Until your solicitor arrives, the safest course of action is to say, "No comment" to all questions.

Understand the Booking and Detention Process

Once in custody, you'll go through the "booking-in" procedure. This includes:

• Being searched
• Having your belongings confiscated
• Giving basic personal information (name, address, etc.)
• Being photographed and fingerprinted
• Providing a DNA sample via mouth swab

You may be asked to provide access to electronic devices, particularly if the allegation involves online communication. You are not required to give your phone passcode unless there is a court order or specific warrant in place. Speak to your solicitor before complying with any request regarding digital evidence.

If you have any health concerns, disabilities, or mental health issues, inform the custody officer immediately and request they be noted in the custody record. This ensures your rights and welfare are safeguarded during detention.

Wait for Disclosure Before Interview

The police must provide your solicitor with "disclosure", a summary of the allegation and evidence, before any formal interview takes place. This allows your lawyer to advise you on whether to answer questions, submit a prepared statement, or decline to comment.

Do not agree to any interview until your solicitor confirms they"ve received and reviewed this disclosure.

Remember: the interview may be recorded and used in court. The goal is not to talk your way out of the situation, it"s to avoid making things worse.

Make a mental note, or ask for a written record of these details. They may become relevant later if there's a challenge to the legality of the arrest or detention process.

Plan Your Interview Strategy Carefully

Once your solicitor has reviewed the disclosure, they'll help you choose the most appropriate interview strategy. The options usually include:

• Giving a full account: Only advisable if the facts are entirely in your favour and you can present a clear and consistent timeline.
• Answering "No Comment" to all questions: A common route when the police have weak or incomplete evidence.
• Submitting a prepared statement and refusing further comment: Allows you to state your position without engaging in direct questioning.

Which route is best depends on the complexity of the allegation, whether it's non-consensual sex, sexual assault, an accusation involving a minor, or something digital like indecent images or sexting.

Your solicitor's guidance is crucial here. They know how the police and Crown Prosecution Service (CPS) work and can prevent you from unintentionally incriminating yourself.

Understand What Happens After Interview

Once the interview concludes, the police have several options:

• Release you on Pre-Charge Bail: This means you're free to go but must comply with bail conditions, such as no contact with the complainant, surrendering your passport, or staying off social media.
• Release you Under Investigation (RUI): A more informal release without bail conditions, but the case remains live. You may not hear anything for months.
• Charge you with an offence: In this case, you will either be held for a court appearance the next day or bailed to attend court on a set date.

Ask your solicitor to explain your status clearly before you leave the station. Many people misunderstand the conditions of their release and risk breaching them, sometimes with serious consequences.

Make a Call, But Be Cautious

You'll usually be given the opportunity to notify a family member or friend. Keep the call brief and factual: let them know where you are and that a solicitor is handling your case.

Do not discuss the details of the allegation or what was said in interview over the phone. Calls from police stations may be monitored. The only person you should speak to freely is your solicitor.

Instruct a Specialist Sexual Offence Solicitor

After your release from the police station, time becomes a strategic asset. Whether you were bailed or released under investigation, your next step should be to instruct a solicitor who specialises in defending sexual offences. These cases are often complex, emotionally charged, and highly technical. A general criminal defence solicitor won't always have the niche experience needed to challenge sensitive allegations such as non-recent abuse, grooming, or image-based accusations.

The right legal team will:

• Review all available disclosure from police and prosecutors
• Proactively request unused material that may support your innocence
• Advise on digital forensics or psychological reports to assist your defence
• Represent you in pre-charge engagement with the police to try and stop the case before charge

Do not delay. Even before a charging decision is made, there is much a solicitor can do to influence the direction of your case.

Deciding on an Interview Strategy (If Recalled)

In some cases, police may re-interview you as further evidence becomes available or following digital analysis. If that happens, your solicitor will again assess disclosure and help you determine the most protective course of action.

Here's a simple breakdown of the main strategies used during police interviews:

Interview Strategy	When It’s Used	Pros	Cons
Full Account	When you have clear evidence supporting your version of events	Shows cooperation; can support alibi or consent claims	Risky if any inconsistencies arise during cross-examination
No Comment	When evidence is weak or the police haven’t disclosed enough to answer properly	Protects against self-incrimination	Jury may draw adverse inferences at trial (if charged)
Prepared Statement	When you wish to assert your position but avoid detailed questioning	Controls your narrative; avoids difficult follow-up questions	Limits flexibility for evolving evidence later

These decisions are never made in isolation, your solicitor will weigh disclosure, police behaviour, and strategic timing before advising which option is best for you.

Compile Supporting Evidence Immediately

Even if no charge has been brought yet, the time to start building your defence is now. Evidence can disappear, memories fade, and opportunities are lost the longer you wait. Gather:

• WhatsApp or text messages
• Screenshots of dating app conversations
• CCTV footage from relevant times and places
• Phone location history or Uber/taxi receipts
• Witness details who may confirm your version of events
• Medical evidence (where applicable)

Your solicitor will use this to compile a timeline, demonstrate consent (where appropriate), or challenge the credibility of the allegation.

Stay Within Bail Conditions and Seek Variations if Needed

If you've been released on pre-charge bail, your conditions may be extensive, such as avoiding certain areas, surrendering your passport, not using internet-connected devices, or having no contact with the complainant.

Breaking any condition, even accidentally, is a separate offence and can seriously undermine your credibility.

If your bail terms are causing difficulty, e.g., affecting your employment or ability to care for children, your solicitor can apply for a variation through the Magistrates' Court. But do not breach the conditions without legal permission.

Manage Your Online Presence and Reputation

Although the complainant in a sexual offence case is entitled to lifelong anonymity, the accused usually is not, unless reporting restrictions are granted. That means your name could appear in news articles or on social media, even if you are never charged.

To protect yourself:

• Ask your solicitor whether a court can impose a temporary reporting restriction
• Deactivate public facing social media accounts
• Avoid any online commentary about the case
• Consider reputation management or defamation solicitors if material goes viral

This is especially important if you work in a regulated profession such as teaching, healthcare, childcare, or law. Your solicitor can also advise on how to handle referrals to professional bodies like the DBS or GMC.

Understand Possible Outcomes from the CPS

The police will send a file to the Crown Prosecution Service (CPS), who will decide whether to bring charges based on two tests:

• Is there a realistic prospect of conviction?
• Is it in the public interest to prosecute?

You may never be charged at all. In fact, a large percentage of people arrested for sexual offences are released with no further action. However, if the CPS is considering charges, your solicitor can make &aquot;pre-charge representations&aquot; to argue why prosecution is not justified, using evidence, timelines, or character material you've provided.

Prepare for Life After the Decision, Whatever the Outcome

If charges are dropped, your record may still reflect that you were arrested. A solicitor can advise on how to apply for the deletion of police records under the “Record Deletion Process” if you were not charged or found not guilty.

If charged, you'll either:

• Appear in the Magistrates' Court for preliminary hearings
• Be committed to the Crown Court (for serious offences like rape or assault by penetration)

Your solicitor will then begin full trial preparation: drafting your defence case statement, gathering expert reports, preparing witnesses, and advising on plea decisions.

Sentencing for sexual offences can range from community orders to life imprisonment. Even if you are ultimately found not guilty, the impact on your life, mental health, and employment can be substantial, which is why every step matters.

Get the Right Support Around You

This process affects not only the accused but also partners, children, and extended family. Seeking support is not a sign of weakness, it's a vital part of surviving a traumatic and emotionally intense legal ordeal.

Consider:

• Speaking to a therapist, particularly one experienced in false allegation trauma
• Using charities like FACT (Falsely Accused Carers and Teachers) or FASO
• Informing employers or professional regulators via your legal team
• Planning financially for any loss of work during the case timeline

This is a crisis. Treat it seriously, and surround yourself with professionals and support networks who understand the legal, emotional, and social challenges involved.

You Only Get One Chance to Respond Right, Use It Wisely

Being arrested for a sexual offence is terrifying, but staying silent or saying the wrong thing can make it worse. Whether you're out on bail, under investigation, or still in custody, your defence starts now.

The Solicitors in our network have helped hundreds of clients navigate false allegations, complex police interviews, and reputation-damaging charges. They act fast, protect your rights, and build your defence before the CPS makes a decision that could change your life.

Don't face this alone. Speak to a specialist sexual offences solicitor today.

Free, confidential discovery call. No judgement, just strategy.

Fill out our contact form below and we will put you in touch with the best specialist sexual offences solicitor today. Your future depends on what you do next.

Final Word: What You Do Now Matters

An arrest for a sexual offence does not mean guilt. Many people are falsely accused. Many others face exaggerated or distorted claims. Regardless of the facts, what you do next could determine whether you walk away with your life intact, or spend years fighting to clear your name.

Get legal advice, follow that advice carefully, and do not make the mistake of assuming it will all 'blow over.' It won't.

FAQs: Arrested for a Sexual Offence in the UK

What should I do immediately after being arrested for a sexual offence?

Request legal representation immediately. Do not answer any police questions until your solicitor arrives. Exercise your right to remain silent and avoid discussing the case with officers or anyone else. These early hours are critical, legal advice can prevent irreversible damage to your defence.

Can I be arrested for a sexual offence without evidence?

Yes. The police can arrest you based on a complaint alone if they believe an offence may have occurred. They do not need to have physical evidence at the time of arrest. However, for charges to be brought, the Crown Prosecution Service must determine there is a realistic prospect of conviction.

Should I answer police questions during the interview?

Not without legal advice. Your solicitor will guide you based on the strength of the disclosure provided by the police. In many cases, giving a full account too early can do more harm than good. Sometimes a 'no comment' or written statement is the safest option.

What does &aquot;released under investigation&aquot; mean?

It means you're no longer in police custody, but the investigation continues. There are usually no bail conditions, but you could be contacted again at any time. This status can last months, so stay in contact with your solicitor and avoid any contact with the complainant.

What are common bail conditions after a sexual offence arrest?

Typical bail conditions include no contact with the complainant, no access to certain areas or premises, surrendering your passport, avoiding internet-connected devices, or staying away from minors. Breaching these terms is a criminal offence in itself.

Will my name be published if I'm arrested?

Unless you are charged and appear in court, the police usually do not publish your name. However, the media may still report it. While complainants are automatically granted anonymity, defendants are not. Your solicitor may apply for a reporting restriction in sensitive cases.

What happens if I'm charged?

You'll receive formal documents from the CPS and be given a court date. Depending on the seriousness of the offence, your case may begin in the Magistrates' Court and be transferred to the Crown Court. Your solicitor will start preparing your defence immediately.

Can I lose my job because of the arrest?

Yes, particularly in regulated industries like teaching, healthcare, or childcare. Employers may suspend you pending investigation. Your solicitor can advise you on how to respond to your employer, regulators (like the DBS or GMC), or professional bodies to protect your reputation.

What if the allegation is completely false?

False allegations do happen, and the legal system allows you to challenge them vigorously. Your solicitor will help gather evidence to prove your innocence and may submit formal representations to the CPS to avoid charge. Never assume the case will disappear on its own, take legal action early.

Will I go on the Sex Offenders Register?

Only if you are convicted of a qualifying sexual offence. The length of registration depends on the sentence imposed, ranging from 2 years to life. If you're not convicted, you will not be placed on the register.