COULD I GET A SUSPENDED SENTENCE FOR SEXUAL ASSAULT?

Sexual assault is one of the most serious criminal offences, and the prospect of facing such charges can be particularly daunting given the severe consequences and social stigma involved. If you have been accused of sexual assault, you are likely feeling extremely anxious and frightened. The gravity of the allegations and worries about the potential for significant prison time are overwhelming. This article will explain what sexual assault involves in legal terms, the sentencing options available to courts, and the circumstances under which you might receive a suspended sentence rather than immediate custody.

What is sexual assault?

Sexual assault is defined under Section 3 of the Sexual Offences Act 2003 as intentionally touching another person sexually when that person does not consent to the touching and you do not reasonably believe that they consent. This is a serious criminal offence that covers a wide range of unwanted sexual contact.

The key elements that prosecutors must prove include intentional touching, that the touching was sexual in nature, that the complainant did not consent to the touching, and that you did not reasonably believe that the complainant consented. The law places emphasis on both the absence of actual consent and the absence of reasonable belief in consent.

Sexual touching is defined broadly and includes touching with any part of the body, with anything else, or through anything, including clothing. The touching can be of any part of the body and does not need to involve intimate areas to constitute sexual assault, though the context and circumstances will determine whether touching is considered sexual in nature.

The offence can occur in various contexts, including between strangers, acquaintances, friends, or within relationships. It can happen in public or private settings, and can involve a single incident or repeated behaviour over time.

What are the usual sentences for sexual assault?

Sexual assault is a serious offence that is typically tried in the Crown Court, though less serious cases may be dealt with in the Magistrates’ Court. The maximum sentence is 10 years imprisonment, reflecting the serious view that courts take of sexual offences.

However, not every sexual assault case results in the maximum sentence or immediate custody. Courts have various sentencing options available, including community orders, suspended sentences, and immediate imprisonment of varying lengths. Ultimately, the sentence imposed will depend on numerous factors including the specific circumstances of the offence, the impact on the victim, and your personal circumstances.

More serious cases involving sustained assault, use of force, vulnerable victims, or repeat offending are more likely to result in immediate prison sentences. For less serious cases involving brief touching without aggravating factors, first-time offenders, or where there are significant mitigating factors, courts may consider community-based sentences or suspended sentences.

What is a suspended sentence and how does it work?

A suspended sentence is a prison sentence that does not take effect immediately, but is “suspended” for between six months and two years, on average. During this suspension period, you remain in the community rather than going to prison, provided you comply with any conditions imposed by the court.

If you do not commit any further offences during this time, the prison sentence will be avoided. However, if you commit another offence or breach the conditions during the suspension period, you will likely be required to serve the original suspended sentence plus any penalty for the new offence.

A suspended sentence is to be seen both as a punishment and an opportunity, and as something that gives you the chance to demonstrate that you can comply with court orders and avoid further criminal behaviour.

Can sexual assault result in a suspended sentence?

Factors that might favour a suspended sentence include the offence being at the lower end of the scale in terms of seriousness, being a first-time offender with no previous convictions, showing genuine remorse and insight into your behaviour, having strong personal circumstances or support systems, and demonstrating that you are unlikely to reoffend. Cases involving brief touching without aggravating factors, where you have taken immediate steps to address your behaviour, or where there are exceptional personal circumstances may be more suitable for suspended sentences, for example.

On the other hand, previous convictions for sexual or violent offences, use of force or threats, targeting of vulnerable victims, sustained or repeated assault, or showing no remorse or insight into your behaviour make a suspended sentence very unlikely.

What factors do courts consider when deciding on a suspended sentence for sexual assault?

Courts consider numerous factors when deciding whether to impose a suspended sentence for sexual assault. The specific nature of the sexual touching is crucial, including the duration, the parts of the body involved, whether it was over or under clothing, and the level of force or coercion used.

The impact on the victim is a key consideration. Courts will consider victim impact statements detailing the psychological, emotional, and practical consequences of the assault. The vulnerability of the victim, including factors such as age, mental health, or other circumstances that may have made them particularly vulnerable, is also crucial.

The court will assess your likelihood of reoffending by considering your previous criminal history, any underlying issues such as mental health problems or substance abuse that may have contributed to the offending, and your willingness to engage with treatment or support programmes.

Furthermore, your attitude towards the offending is crucial. Courts will consider whether you have accepted responsibility for your actions, shown understanding of the impact on the victim, and demonstrated genuine remorse rather than simply regret at being caught.

How serious does the offence have to be for a prison sentence for sexual assault?

Given the serious nature of sexual assault, most cases will result in immediate prison sentences because the court will be satisfied that the offence is “so serious that neither a fine alone nor a community sentence can be justified” (Sentencing Code) and this threshold is usually met in sexual assault cases.

Cases that almost certainly warrant immediate prison sentences include those involving sustained assault, use of force or threats, targeting of vulnerable victims, previous convictions for sexual or violent offences, or where there are multiple victims. Sexual assault that involves significant planning or occurs in circumstances where the victim was particularly vulnerable will also result in immediate custody.

Examples of cases that might potentially avoid immediate prison include first-time offenders involved in brief touching without aggravating factors, cases where there are truly exceptional personal circumstances such as serious mental illness, or where there is compelling evidence of genuine remorse and low risk of reoffending. Such cases are rare.

What can I do to improve my chances of getting a suspended sentence for sexual assault?

Given the serious nature of these charges, it is absolutely vital that you seek expert legal advice immediately from solicitors with extensive experience in sexual offence cases. The complexity of sexual offence law and the severity of potential sentences require specialist knowledge and expertise.

If you accept responsibility for your actions, demonstrate genuine remorse and insight into your behaviour. This means showing complete understanding of the harm caused to the victim, expressing sincere regret, and being entirely honest about what happened. Courts can distinguish between genuine remorse and attempts to minimise responsibility.

Engage immediately with appropriate treatment or counselling services to address any underlying issues that may have contributed to your behaviour. This might include mental health treatment, substance abuse programmes, or specialised interventions for sexual offending behaviour. Evidence of genuine engagement with treatment can be a significant mitigating factor.

Be prepared to comply with stringent requirements that may be imposed as part of a suspended sentence, including registration requirements, treatment programmes, supervision, and restrictions on your activities or contact with certain individuals.

Understand that even if you receive a suspended sentence, there will be serious long-term consequences including registration on the Sex Offenders Register and potential impact on your employment and personal relationships.

Making efforts to prove that you have carried out these things can make a significant difference to your defence.

Where to get more help

Facing charges for a crime as serious as sexual assault can be life-changing, and you need a legal team on side that understands this and takes every action possible to help you. The team at Stuart Miller Solicitors have extensive experience working in this area and can help you compile your defence strategy and position yourself for the best outcome from day one. For a free non-judgemental consultation about your case, contact us today.

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HMLTN

13:49 21 Jul 25

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12:21 04 Jul 25

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10:09 19 May 25

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22:26 07 Apr 25

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17:44 04 Mar 25

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11:09 11 Feb 25

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13:26 04 Feb 25

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10:06 28 Jan 25

Mohammed zeb is the best he really fought for my case they wanted me to go to prison but his persuasive talking saved me

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

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13:29 16 Jan 25

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12:22 13 Jan 25

I reached out to Stuart Miller Solicitors, and Abu Kibla dealt with my case. He was exceptional. He quickly identified flaws in the prosecution’s argument. His dedication ultimately led to the charges being dismissed. I’m so grateful for his expertise and for the way he treated my case with such care and professionalism.

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13:53 10 Jan 25

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16:04 09 Jan 25

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11:32 08 Jan 25

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11:29 07 Jan 25

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12:18 06 Jan 25

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11:51 04 Jan 25

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15:34 03 Jan 25

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14:46 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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14:20 10 Dec 24

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13:15 27 Nov 24

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

Javs

15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

Edan Lungo-Osman

11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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15:43 11 Oct 24

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

N A

14:13 14 Aug 24

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19:53 11 Aug 24

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09:14 10 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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mary Cerimi

15:02 30 Jun 24

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

Davut Bilgen

18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

Kiran was exceptional in handling our case. Right from the outset, she instilled a sense of calm, demonstrating a high level of professionalism and providing invaluable assistance in swiftly resolving matters. I wholeheartedly endorse their services and would highly recommend Stuart Miller Solicitors.Kiran's commitment, support, and professionalism were beyond what we could have asked for

Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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