Accused of Sexual Assault by touching

[miracle_ize]

Hi Members,

A 5 minute action has turned my life upside down. I need help please.

I have been accused of sexual assault by touching by a co-passenger in the bus. I have accepted this in the police station. I was also been accused of opening her zippers and touching top of her vest. I have not accepted this charge.

She was aware of what I was doing and allowed it and then at some point she made a decision to stop it and shouted and the police was called and I was arrested. But she says she was sleeping.

I thought she was consenting to what I was doing. Until she shouted at me.

I have been released on bail and asked to come back to the police station.

I am looking for a good criminal defence lawyer. Can some one help me please?

This is the first time me for me in the eyes of the law as a suspect and I'm tormented. I'm a family man and a working professional. I havent disclosed this information to family / friends / workplace. I find it very difficult to cope with this life and am afraid if I will be give a prison sentence.

I was assigned a free solicitor during the police interview and he was helpful. He said it will boil down to whether consent was given or not in the court.

Do I need to go for a private solicitor to defend myself if am charged.

Many thanks for all your help and support,
Mize

[Casehardened]

Hi,

Just a couple of queries to help members to advise:

Was the 'co-passenger' a complete stranger until the bus journey or did you know each other previously?

Was she a minor?

Also are you in the UK? (asking this as overnight journeys are unusual here but the norm in larger countries)

[miracle_ize]

Hi Casehardened,

Thanks for the quick reply.

1. Yes, the passenger was a complete stranger.
2. She was not a minor. (More than 18 yrs).
3. I am in the UK - but an Asian. ( on a work permit here which is expiring in Jan 2012)

Hope this helps,

Many thanks,
Mize

[miracle_ize]

I'm answering bail tmrw and want to know if it is good in my case to plead guily to the police - but I still want to maintain that she knew everything that was happening and was not sleeping and suddenly changed her mind or her sense of guilt overtook her. Will that be considered by the CPS?
Do I have a weak case? Pls advice.
I have a good career and a family and I am afraid I will have to disclose this to all of them in the days to come sooner or later. The thought itself is devastating to me. I cant think of how I will tell my wife about it. She is the world to me. I have broken her trust. I havent sleeping more than 3 hours and I'm lost.

I want all this to get over as Iam unable to live this kind of life. It's too depressing for me. I'm more a free soul. I am a tormented soul.

[Casehardened]

I'm answering bail tmrw and want to know if it is good in my case to plead guily to the police -

Hi Mize,

If you 'plead guilty' to the police your case is more likely to go to court; the detectives and CPS will just chalk up another success towards their targets, better to keep maintaining your view that you thought you had consent; this way they will have to consider the matter more thoroughly.

If the matter does get to court, then you must make a choice as to your plea.

Without knowing exactly what happened, but on the assumption that you didn't rip her clothes off and the 'touching' was over clothing, then this allegation is on the lower end of the scale (however as it involves a complete stranger it will be viewed fairly seriously)

It may give you some reassurance to view the sentencing guidelines for sexual assault, as only you know what the allegation consists of:

http://www.cps.gov.uk/legal/s_to_u/s...exual_assault/

It may well be that when you answer bail tomorrow that this will simply be extended for a further period; but to re-iterate, please don't confess to anything you haven't done!

[LS]

but I still want to maintain that she knew everything that was happening.

You cannot maintain that someone knows about something happening. That's for that person to maintain or not to maintain.

If you touched someone against their will, in a public place, without them instigating it, and for your own gratification, then sorry but the only thing you should plead is guilty and accept it.

You are "a family man" and "a professional." Start acting like one, and maybe limit your groping to your own wife, and not do this to complete strangers.

We are a forum for people who have been Falsely Accused of Rape, not for people who grope complete strangers and then come looking for a way out.

So I am closing this thread, and please find another forum.