Summary
In this case, our client’s younger cousin accused him of two counts of sexual assault at her sixteenth birthday party. Our client completely denied these allegations and was shocked and disgusted by them.
Throughout the investigation stage, the complainants’ account of the allegations was very inconsistent. Many individuals involved became uncertain as to whether the allegations had been fabricated.
Our team at Lawtons provided expert guidance, thoroughly preparing our client’s defence. Legal Executive Nicola Hobdell meticulously analysed the evidence from all witnesses, where several inconsistencies in the complainant’s account were revealed.
During a six-day trial at Kingston upon Thames Crown Court, our client was excellently represented and all discrepancies in the case were examined in depth. Ultimately, the jury found our client not guilty on both counts.
Case Details
The complainant initially reported the alleged assault to another family member, where she claimed that our client had assaulted her twice, once while under a blanket and again later in the same evening. After the party, the complainant’s sister discussed the allegations with our client’s sister over text. However, they both quickly dismissed the claims as lies.
Nicola Hodell took the lead on this case, providing constant support to our client due to the sensitive nature of the allegations. Our client wholeheartedly denied the accusations, asserting that this was a line that he would never cross.
The complainant gave what is referred to as a Video Recorded Interview (VRI). In doing so her account of the location of the alleged assaults continuously varied in this police victim witness interview, conflicting not only with several other witness statements but also with her own.
Court
The case was heard at Kingston upon Thames Crown Court where Barrister Daniel Higgins of 9BR Chambers represented our client. Our team submitted a ‘no case to answer’ application in relation to the second count, arguing that the unreliability of the complainant’s accounts rendered them void. Whilst this was not accepted, it did highlight the weaknesses of the case that we had exposed.
During the trial, the evidence submitted in our client’s defence was deemed coherent and strong. In contrast, the complainant’s evidence in cross-examination was further revealed to be inconsistent with previous accounts, undermining the Prosecution’s case.
Thanks to the strength of our defence and weaknesses exposed in the Prosecution’s, the jury found our client to be not guilty on both counts.
Our client was relieved with this outcome and to be able to put this ordeal behind him. He was extremely grateful to Nicola and the rest of the team for their ongoing support throughout his case.
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