Sexual Offences Defence
Discreet, expert defence at every stage — from police investigation through to trial.
Sexual Assault
Domestic Abuse
Communication Offences

Sexual offence allegations are among the most serious criminal charges a person can face in Scotland. A conviction can result in a lengthy custodial sentence, placement on the Sex Offenders Register, and lifelong consequences for employment, relationships, and travel. At Charles Ferguson Solicitors, we provide specialist, discreet, and robust criminal defence for individuals under investigation or charged with sexual offences under Scots law. We represent clients at every stage, from the initial police investigation through to trial.
The Sexual Offences (Scotland) Act 2009
Sexual offences in Scotland are primarily governed by the Sexual Offences (Scotland) Act 2009, which codified and extended the law in this area. The Act created a comprehensive range of offences including rape, sexual assault, sexual coercion, administering a substance for sexual purposes, and a range of offences involving children. The definitions are broad and evidence-based, and the standard of proof remains the criminal standard — the Crown must prove the charge beyond reasonable doubt. We scrutinise every element of the Crown's case.
Offences We Defend
Rape and attempted rape under section 1 of the Sexual Offences (Scotland) Act 2009. Sexual assault by penetration. Sexual assault. Coercing a person into being present during sexual activity. Communicating indecently. Causing a person to participate in a sexual activity. Offences involving children, including those under section 18 (sexual abuse of trust). Possession and distribution of indecent images. Online sexual communication with children. Stalking with a sexual component. Historical sexual offences charged at common law or under earlier legislation.
Police Investigation — What to Do
If Police Scotland contact you in connection with a sexual offence allegation — whether to attend for a voluntary interview, or by arresting you — you must exercise your right to legal advice before making any statement. Do not speak to police without a solicitor present. A voluntary interview is not without consequence — anything you say can be used in evidence. Contact Charles Ferguson Solicitors immediately on 01698 285 885. We will attend the police station and advise you on how to respond to any questions.
Bail, Anonymity, and Court Proceedings
In sexual offence cases, complainers in Scotland have automatic anonymity and their sexual history is generally inadmissible unless the court specifically grants leave under section 275 of the Criminal Procedure (Scotland) Act 1995. We have experience of making section 275 applications where the evidence justifies it. Bail conditions in sexual offence cases are often onerous, restricting contact and travel. We advise on all bail matters, apply for modifications where appropriate, and ensure that your rights are protected throughout proceedings. All instructions are treated in the strictest confidence.
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