Student cleared of sexual assault allegation – BSQ briefing
BSQ have been instructed in a number of cases recently where foreign nationals based outside the UK have been contacted by the British police and asked to respond to historic allegations of sexual assault.
Client D was domiciled in the United States. He had previously studied in the UK. Having returned to the US, he was contacted by police officers in the UK who wanted to interview him in connection with an allegation of sexual assault said to have taken place a few years earlier by a fellow student. He vehemently denied the allegations. Client D approached BSQ to represent him. Patrick OHanlon of BSQ was instructed.
The police initially proposed staging a virtual interview over video link. Following an intervention by BSQ advising the authorities that such a procedure was not permitted under the Police and Criminal Evidence Act 1984 alternative arrangements had to be made. Client D prepared a detailed written statement in response to the disclosure provided by the police.
Following further written representations from BSQ, a decision was taken by the Police Rape and Sexual Offences Unit not to proceed further with the allegation. Client D was not required to travel to the United Kingdom to face interrogation. D retains his good character.
In another case in 2022, BSQ were also instructed in relation to Client E in similar circumstances. E was based in South America. He had also been contacted by the authorities in relation to an allegation of sexual assault have taken place whilst he was studying in the UK before the pandemic. BSQ intervened and the police were persuaded to accept a written statement from him client, instead of a virtual interview. E was also able to respond to the allegation without having to return to the UK. At the end of the investigation, following representations by BSQ a decision to take no further action was made against E. BSQ partner Roger Sahota represented E.
You can read more about our sexual assault solicitors defence service, see our practice page.
Should you require advice and assistance in relation to a police investigation for sexual misconduct please contact our London offices on our 24 hour helpline on 0203 858 0851.