Summary
Our client was facing one count of rape which he firmly denied. Legal Executive Toni Hennessy-Ling represented our client on this matter and prepared a robust defence for his Crown Court trial. After a 6-day trial at Kingston Crown Court, our team submitted that the evidence was weak and unconvincing and our client was ultimately found not guilty.
Details of the Case
The complainant and our client met online and would speak regularly over messages and video calls. On the day of the alleged incident, the complainant stated that she attended our client’s address and that he had sex with her without her consent. She maintained that she told him to stop several times before he eventually did.
Following this, the two began arguing loudly and the complainant started filming our client, accusing him of rape. In his initial police interview, our client was advised by the Duty Solicitor to answer no comment to all questions. However, he later requested a second interview as he was dissatisfied with this advice and wanted to give his full account.
Our Defence
In his second interview, our client explained that the two had only ever engaged in consensual sex. He stated that in the lead-up to their meet up, the messages exchanged had been flirtatious and sexual in nature.
The two later engaged in sexual foreplay and when he asked if she had wanted to have sex, she agreed. However, our client stopped and asked her to leave as she was repeatedly making derogatory comments. It was at this stage she began filming him and he called the police as she refused to leave. He stated that the complainant’s allegations were entirely untrue and fabricated.
Legal Executive Toni Hennnessy-Ling represented our client on this matter for his court proceedings where she worked diligently to build up a strong defence. Understandably, our client was very distressed by the allegations and maintained that they were entirely fabricated. Given the nature of the accusations, he was at risk of being sentenced to up to 7 years’ imprisonment if he were convicted.
Court
This case experienced several extreme delays which led to our client’s trial being rescheduled on three occasions. The first trial was aborted due to significant disclosure failings by the police and the second was vacated as the complainant withdrew her support from the proceedings. This meant that the third trial would rely entirely on her statement given to the police.
These delays were extremely distressing for our client. When it finally came to his trial, he was eager for proceedings to be concluded and to put the matter behind him. Barrister Andrew Judge of 9BR Chambers expertly represented our client at Kingston Crown Court.
After hearing the Prosecution’s evidence in contrast to our client’s evidence, Andrew submitted that there were a number of contradictions in the complainant’s statement. He argued that her account was so unconvincing that the jury ought to be directed to acquit our client.
Thanks to the strength of Andrew’s submission, the judge agreed and directed the jury to enter a not guilty verdict. Our client was extremely grateful to both Toni and Andrew for all of their support throughout the duration of the proceedings.
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