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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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I have been accused of assault without penetration.

Customer Question

I have been accused of sexual assault without penetration. The complainant alleges that I masturbated her clitoris whilst we were sharing a bed. I denied this in my PACE interview but admitted that I did wake up in the morning cuddling her from behind with my hand touching her breast. It was myself that woke up first, realised how we were lying and woke her up and aPoligised. Although the Police interviewing me were fully expecting/intending to charge me at the conclusion of the interview - they didn't and referred the case to CPS and was release on ore charge bail awaiting review. The interviewing officer asked me if my engaging in the acts which I have admitted could have been an autonomous action due to having shared a bed for the past 6 years with my wife who is of a very similar size, to which I agreed that this is the case and I was not attempting to engage in anything sexual, it was me that raised concern with my position in which I woke - to which the complainant said it was ok. It was only some days later she changed her mind and reported me to the po,ice. My question is, what is the likely outcome of the CPS review given the sudden change of intentions by the interviewing officer, and the fact that there is no dispute that I was invited to share the complainants bed by her, which she herself has admitted. In light of current journalistic focus on sexual offences ignited by the saville enquirer, is it an almost certainty that it will go to trial p, or could I be informed that there is no further action. Can I just be given a Caution? If so what would that look like?
Thanks for any advice/ educated-opinion given
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
What is the format of my appointment to answer bail at the police station
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years expereience. I will try to answer this for you. Did you have a solicitor at the police station? If not, why not? they are free and it is your right to have legal advice in the police station. If not get one for your return. Basically your account sounds like a denial. This case doesn't turn on spooning and cupping in your sleep which is not a crime but the specific allegation of masturbation you have described. Whether they charge or not will largely depend on the credibility of the complainant's evidence in the eyes of the CPS. What you have said is unlikely to make a big difference to a decision to charge. Saville is neither here no there for this case (assuiming you are not a celebrity) but the CPS will frequently charge where the only evidence is the word of the complainant against the word of the accused. As far as your BTR is concerned you will need to present yourself at the front desk and surrender to the custody of the police who will then either: re-interview, rebail or charge. If they are going to take no further action they will usually let you know in advance. There is no chance of a caution for this and that would also involve an admission of guilt on your behalf.