Summary
After a night out with friends, our client was accused of rape despite both parties consensually engaging in the act. He was shocked and confused by the accusation considering the circumstances and denied the allegation completely.
Lawtons provided expert legal guidance over the course of the case, meticulously preparing a strong defence to assert our client’s innocence. After a ten-day trial, taking place at St Albans Crown Court, the jury returned a unanimous not guilty verdict and our client was successfully acquitted of the charge.
Details of the Case
Prior to the night in question, our client and the complainant did not know each other and each were out separately with their respective friends. After meeting at a bar, the two became closer over the course of the evening. At the end of the night, both our client and the complainant as well as their respective friends returned to our client’s home.
At his house, the complainant followed our client to his bedroom and initiated sexual contact. During this time, the complainant expressed consent on several occasions, both through verbal and physical cues.
Afterwards, to our client’s surprise, the complainant left his bedroom and the property abruptly, offering little explanation. That same evening, the complainant reported the event to the Police, accusing our client of both rape and actual bodily harm (ABH).
Our Defence
Our client was deeply upset by the allegations, as the complainant had initiated intercourse and consented on numerous occasions. Partner Paul Dillon took on our client’s case and provided him with constant support and guidance considering the sensitive nature of the allegations.
The complainant alleged that although she had initially consented, she withdrew her consent verbally during intercourse which our client had ignored. She claimed that he then slapped her across the face. Our client maintained that these allegations were false, asserting that at no stage did he physically assault her, nor did she withdraw consent. He maintained that her actions appeared controlled, and that she was fully alert throughout.
Paul underwent thorough investigation into the incident, analysing the specifics of the complainant’s account. In doing so, he uncovered that her account differed in various statements over a short period of time. The complainant also admitted that due to her alcohol consumption on said evening, certain events had become blurred, and her memory was fragmented.
Court
The case was heard at St Albans Crown Court, where our client was excellently represented by Barrister Sophie Shotton of 15NBS Chambers. Paralegal Owen Caminsky provided valuable support to both Sophie and our client throughout the trial.
During cross-examination, the weaknesses in the complainant’s account were again made apparent. As a result, the ABH charge was ultimately dismissed as it could not be definitively placed in the sequence of events.
Sophie submitted a ‘no case to answer’ application regarding said inconsistencies. Although our application was not accepted, it drew attention to the issues and discrepancies in the Prosecution’s case. In contrast, our client’s evidence during trial remained consistent with previous statements and presented a strong and clear account of the evening’s events.
Ultimately, the jury returned a unanimous not guilty verdict, acquitting our client of the charge. Our success on this matter is a testament to the expert support and defence provided by our team at Lawtons.
Client Testimonial
Our client was overjoyed with this result and to be spared the damage to his livelihood, career and reputation. He expressed his gratitude to the entire team for their unwavering support and dedication:
‘From the outset I received really good, sound legal advice that ultimately contributed to my acquittal. My solicitor, Paul Dillon, handled my case and was professional and knowledgeable. He was approachable on a personal level, and even provided contact outside of work hours, throughout the process.’
‘I was later assigned a Paralegal to my case, Owen Caminsky. Owen was absolutely invaluable throughout the lead up to trial, in every single aspect. He was thorough, meticulous, supportive and went above and beyond to meet deadlines, provide information, breaking down legal language, attending trial (whilst dealing with a busy caseload) and supporting my barrister.’
‘I thank them all for their work, throughout this harrowing and stressful process.’
Have you been accused of a similar charge?
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