In recent months, we have taken on a growing number of sexual offence cases involving Chinese students in the UK. These cases often highlight a crucial issue: a misunderstanding of the UK criminal justice system due to differences in legal culture and procedure between China and the UK.
In China, it is not uncommon for defendants in sexual offence cases to seek private resolutions outside the courtroom. This may involve negotiating a settlement with the complainant or obtaining a letter of forgiveness from the complainant. In many instances, such steps can mitigate the severity of sentencing and are often seen as an important part of the legal strategy.
However, the situation in the UK is fundamentally different—especially in criminal cases involving sexual allegations.
No Contact with the Complainant
Once someone is charged with a sexual offence in the UK and granted bail, a key condition is that the defendant must not contact the complainant, either directly or indirectly. This is strictly enforced.
Attempts to communicate with the complainant—whether through friends, family members, or third parties—can lead to serious consequences:
- Breach of Bail Conditions
Violating the terms of bail can result in immediate arrest and the revocation of bail. - Perverting the Course of Justice
Trying to influence or interfere with the complainant’s position can be considered a criminal offence in itself, potentially resulting in additional charges and a harsher sentence.
Cultural Differences Lead to Legal Risks
Many Chinese students are unaware of these legal boundaries and may instinctively turn to familiar cultural practices to resolve the matter, such as asking the complainant for forgiveness or attempting a private settlement. While these intentions may be well-meaning, they can severely backfire under UK law.
Legal Advice Is Critical
If you or someone you know is facing a sexual offence allegation in the UK, it is vital to seek legal advice as early as possible. Understanding your rights—and more importantly, your restrictions—can make a significant difference in the outcome of your case.
Our team has experience working with international students and understands the cultural and linguistic barriers involved. We provide clear guidance to help you navigate the UK criminal justice system with confidence and caution.
Have questions? Get in touch today!
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Email us on info@lisaslaw.co.uk.
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