Published May 2026
Historical sexual offence prosecution discontinued before trial after years of uncertainty for a serving police officer
Perrella Legal represented a serving police officer facing historical sexual offence charges arising from allegations made many years earlier. After years of court proceedings and uncertainty, the prosecution discontinued the charges before trial.
The outcome brought the criminal proceedings to an end without our client having to stand trial on the allegations.
Defending historical sexual offence charges
Historical sexual allegations dating back about 15 years placed a serving police officer’s career, reputation and future under a cloud for several years before the prosecution was ultimately discontinued.
Our client was charged in the early 2020s over allegations that, while an adult, he had entered into a sexual relationship with his then wife’s younger cousin when she was under the age of 16. The complainant, by then an adult in her late 20s, further alleged that sexual relations with our client continued after she turned 18.
The allegations were serious and carried consequences far beyond the criminal proceedings themselves. As a serving police officer, our client’s employment and professional standing were immediately affected. He was stood down from his duties while the charges progressed through the courts and, for several years, lived with the uncertainty of what a trial might mean for his career and future.
The circumstances in which the allegations came to police attention were unusual. Our client and the complainant had been out of contact for some years. During that period, our client contacted police to report abusive communications he said he had received from the complainant’s mother. Police then contacted the complainant as part of their enquiries. Following that contact, the complainant made allegations about events said to have occurred many years earlier. Our client was subsequently charged with historical sexual offences and required to prepare for the possibility of a criminal trial based on allegations dating back more than a decade.
Historical sexual offence prosecutions can present particular challenges. The passage of time may affect the availability of witnesses, records and other evidence. Memories can fade, circumstances change and the parties may be living in different places by the time a matter reaches trial. For our client, however, the immediate reality was that the charges remained on foot and had to be treated seriously.
Our role was to provide strategic advice, carefully prepare the matter and ensure that our client was ready to defend the allegations if the prosecution proceeded to trial. That involved reviewing the available evidence, considering the history between the parties, identifying the factual and evidentiary issues likely to arise at trial, and helping our client navigate repeated court appearances while the matter remained unresolved. The delay itself became a significant burden. For several years, our client had to live with the prospect of being tried for serious historical sexual offences. He was unable to move on professionally while the charges remained outstanding, and the uncertainty surrounding the case continued to affect his working life and personal circumstances.
Eventually, the matter was listed for trial. In the week before the scheduled hearing, however, the prosecution advised that the complainant, who was then living in Russia, could not give evidence. That development was critical. Without the complainant being available to testify, the prosecution was no longer in a position to proceed in the manner originally intended. The State applied to discontinue all charges.
The proceedings were formally discontinued before trial. For our client, the outcome brought to an end several years of uncertainty and removed the prospect of having to defend allegations dating back approximately 15 years.
The result also meant that the prosecution concluded without our client being convicted of any sexual offence.
The case illustrates the practical difficulties that can arise in historical sexual offence prosecutions, particularly where allegations are reported many years after the events in question and key witnesses are no longer readily available. It also demonstrates the importance of careful preparation even where a matter ultimately does not proceed to trial. Until the prosecution formally discontinued the charges, our client remained exposed to the possibility of a serious criminal trial and the professional consequences that came with it.
For a serving police officer whose career had effectively been placed on hold while the proceedings remained unresolved, the discontinuance brought a long period of uncertainty to an end and allowed him to begin moving forward without the prospect of a criminal trial hanging over him.
