Sexual Offence Solicitors
Facing an allegation of a sexual offence can be one of the most serious and distressing situations a person experiences. McGovern Reid provides professional, discreet legal advice and representation in courts throughout Scotland.
Experienced Sexual Offences Lawyers in Scotland
McGovern Reid has over 30 years of experience representing individuals accused of sexual offences throughout Scotland. Our team works across both the High Court of Justiciary and the Sheriff Court, providing careful preparation, clear advice and robust legal representation throughout every stage of proceedings.
The stigma attached to the sex offenders register can affect employment, housing, and daily life for years. Whether you have been falsely accused or are facing a genuine allegation, you must seek legal advice as soon as possible. The decisions you make in the first days of a police investigation can have a lasting impact on your case.
Get in touch with McGovern Reid today. Our specialist sexual offence solicitors offer clear, personal advice. Get expert legal advice that delivers.
Our Sexual Offences Services
Sexual offence allegations cover a wide range of sexual charges under Scots law. These cases are often legally and factually complex and require experienced legal representation from the outset. Sexual offence allegations can arise suddenly, and the impact on your life begins immediately.
Rape Offences
Rape is one of the most serious charges in Scots law, prosecuted under Section 1 of the Sexual Offences (Scotland) Act 2009. These cases are ordinarily heard in the High Court of Justiciary and can carry significant custodial sentences upon conviction. McGovern Reid carefully examines all evidence, including forensic material, digital evidence and witness testimony, to build the strongest possible defence.
Sexual Assault
Sexual assault charges in Scotland range from sexual assault under Section 2 to sexual assault by penetration under Section 3 of the Sexual Offences (Scotland) Act 2009. A conviction can result in a prison sentence and placement on the sex offenders register. McGovern Reid will analyse the evidence against you, identify inconsistencies where appropriate, and represent you fully throughout the investigation and court process.
Historic Sexual Offences
Under Scots law, there is no statutory limitation period for most serious sexual offences. Historic allegations, sometimes spanning decades, are brought to court regularly in Scotland. These cases often rely on the complainer’s testimony with limited physical evidence, making specialist legal knowledge essential. McGovern Reid has experience defending historic sexual allegations at all levels of court.
Indecent Images of Children
Charges relating to indecent images of children are prosecuted seriously in Scotland and can carry severe sentences. Cases often involve complex digital forensic evidence, including analysis of devices, cloud storage, and digital communication. McGovern Reid works to scrutinise the forensic evidence presented by the prosecution and ensure your case is handled with the precision and care it requires.
Indecent Communications
Indecent or sexual communications, including those sent online or by message, are criminal offences under Section 7 (1) of the Sexual Offences (Scotland) Act 2009. These charges are increasingly common and can have significant consequences for your employment and personal life. Our solicitors will review all digital evidence and advise you on your options at the earliest possible stage.
Breach of Notification Requirements
If you are on the sex offenders register, you are required to comply with ongoing notification requirements under the Sexual Offences Act 2003. A breach is a criminal offence and can result in further prosecution. McGovern Reid can advise you on your obligations, represent you if you are charged with a breach, and help you understand your options going forward.
Understanding Sexual Offences Law in Scotland
The Sexual Offences (Scotland) Act 2009 came into force on 1 December 2010, and it details most sexual offences prosecuted in Scotland. It introduced a statutory definition of consent as “free agreement” and created specific offences:
Rape (Section 1 of the Sexual Offences (Scotland) Act 2009)
Sexual assault by penetration (Section 3 of the Sexual Offences (Scotland) Act 2009)
Communicating indecently (Section 7(1) of the Sexual Offences (Scotland) Act 2009).
These offences can be extremely complicated with expert and forensic evidence involved. Offences committed before December 2010 are prosecuted under the previous common law, which remains relevant in historic cases. Each alleged offence is assessed individually. The procedure, evidence requirements, and potential sentences vary significantly depending on the charge. Your case must be handled by an experienced criminal defence lawyer. This is where McGovern Reid can help you.
Sexual crimes in Scotland increased by 45% over the last ten years, reaching 14,892 in 2024-25. Charges involving sexual harm, such as rape or sexual assault, are among the most vigorously prosecuted in Scotland. An accusation alone can cause significant harm to a person’s reputation, employment, and family life. Instructing experienced sex offence lawyers from the earliest stage gives you the best foundation for your defence.
How We Defend Sexual Offence Cases
Sexual offence cases are complex and require a methodical approach. When you instruct McGovern Reid, our team works with you to build the strongest defence possible:
We will:
Carefully analyse all available evidence, including forensic material, digital records and witness statements
Interview defence witnesses the police may not have spoken to.
Keep you informed throughout the investigation, court process, and trial via appointments and direct messaging
Provide expert representation at the Sheriff Court and High Court of Justiciary level across Scotland
Challenge the prosecution’s case at every stage of proceedings, from first appearance to trial
Frequently Asked Questions
We know that facing a sexual offence charge raises a lot of questions. Here are some of the most common ones we hear from clients.
What should I do if the police contact me about a sexual offence allegation?
If the police contact you, whether by letter, phone, or in person, you have the right to legal advice before answering any questions. You should not attend a voluntary interview or engage with an investigation without first speaking to a solicitor. Contact McGovern Reid as soon as possible and we will advise you on your rights and the appropriate next steps.
Can I be charged with a historic sexual offence in Scotland?
Yes. Serious sexual offences can still be prosecuted many years after the alleged events. These cases often rely on the complainer’s testimony and any circumstantial evidence that remains available.
Historic cases present specific challenges that require careful, methodical preparation from the start. Evidence may no longer exist, witnesses may be difficult to trace, and memories naturally change over time. McGovern Reid understands how these factors affect both the prosecution and the defence, and we know how to build a case around them.
When defending a historic sexual allegation, we will:
Review what evidence the prosecution actually has, which is often limited
Identify inconsistencies in the complainer’s account across different statements
Trace and interview any witnesses who can speak to the circumstances at the time
Examine whether the correct legal framework applies, given that the offences before December 2010 are governed by older common law
Advise you honestly on the strength of the case against you and what your options are
If you have been contacted by police about an allegation from the past, speak to a solicitor before you do anything else.
What happens if I am placed on the sex offenders register?
A conviction for certain sexual offences results in notification requirements under the Sexual Offences Act 2003. You would be required to notify the police of personal details such as your address for a period determined by your sentence. The impact on work, travel, and daily life can be significant. Securing the best possible outcome at trial is central to the work our solicitors carry out on your behalf.
How long does a sexual offence case take in Scotland?
Timescales vary significantly depending on the nature of the allegation, the court involved and whether the case proceeds under summary or solemn procedure. After charges are brought, you will typically appear at a first diet, known as a pleading diet, where your plea is entered. If you have been released on bail or a bail undertaking beforehand, we will have already advised you on your conditions and what to expect at that first appearance.
Summary cases resolve more quickly than solemn cases, which involve jury trials and additional procedural stages. From your first contact with McGovern Reid, we will give you an honest assessment of timescales and keep you updated throughout.
McGovern Reid Sexual Offences Defence Solicitors
McGovern Reid has represented clients across Scotland since 1991, with a team of solicitors with specialist knowledge across all areas of criminal defence. Our expertise spans road traffic law, assault, sexual offences, and domestic cases across all Scottish courts. We combine traditional court work with modern, forward-thinking methods, including analytics and technology to support case preparation. We provide advice at every stage, from the moment police make contact to the conclusion of your case.
We are proud to pay the Living Wage, hold mental health accreditations across our team, and actively support our local communities. These values shape how we work with every person who comes through our door.
We regularly meet with clients in our Wishaw and Hamilton offices, offering expert legal representation to clients based in:
Airdrie
Bellshill
Coatbridge
East Kilbride
Glasgow
Lanark
Motherwell
Wishaw
Lanarkshire
You do not have to face this alone. McGovern Reid’s solicitors are available to speak with you today. Call us on 01698 359 550.
Call us today – 01698 359 550