Summary
Our client was accused of one charge of rape, for which he was under investigation by the Police. Lawtons were instructed on a privately funded basis to carry out pre-charge engagement, where Managing Partner Nick Titchener highlighted the weakness of the allegation and lack of evidence. Thanks to Nick’s expertise, the case resulted in no further action, meaning that the matter was discontinued and our client was not charged.
Details of the Case
This case was historical in nature, with the allegations of rape arising almost ten years after the alleged incident. Our client’s relative alleged that, as children, our client had engaged in sexual activity with her without her consent on more than one occasion.
It was also alleged that during a family meeting that our client had admitted the offence and acknowledged that what he had done was wrong.
For the initial police interview, our client was represented by the Duty Solicitor where he provided a provided a no comment interview and failed to properly advance his defence. Our client later instructed Managing Partner Nick Titchener on a privately funded basis due to our expertise in conducting effective pre-charge engagement, especially in complex and serious allegations such as rape.
Our Defence
Our client remained consistent in his instructions, denying any sort of non-consensual sexual activity between himself and the complainant. He accepted that whilst sexual activity had occurred between the two as teenagers but that this was always agreed to by both parties and was spoken about lightheartedly afterwards.
Our client maintained that once the two realised the nature of the relationship was inappropriate, they ceased all sexual contact. However, the two maintained a very close friendship and there was no animosity. The allegation only arose when the complainant’s mother accused our client of rape, but at the time the accusation was not supported by the complainant herself.
Due to the fact that our client had been badly advised by the Duty Solicitor not to put forward his defence it was very important that he did so. Nick drafted a very detailed written statement which carefully outlined all of the key aspects of our client’s defence and the further lines of enquiry that the police should investigate as part of their investigation. This resulted in our client agreeing to attend the police station for a further interview under caution at which time the statement could be provided.
No Further Action
In order to effectively make pre-charge representations on our client’s behalf, Nick needed to present additional evidence or lines enquiry to the police which showed that:
- There was insufficient evidence to proceed.
- There was no realistic prospect of conviction.
- It was not in the public interest to proceed with the prosecution.
Nick was able to collect several different witness details to corroborate our client’s defence, which provided relevant information concerning how our client and the complainant interacted and the perception of their relationship. Also included were screenshots of various messages exchanged over the years between our client and the complainant which again undermined the complainant’s allegations.
This evidence was provided to the police as a reasonable line of enquiry. The strength and volume of this material drew attention to the weaknesses in the complainant’s accusations, leading the police to discontinue their investigation into our client.
Our client was extremely grateful to Nick for all his assistance in preventing a charge being brought against him. This case is indicative of the effectiveness of strategic, tailored pre-charge engagement carried out by experienced legal representatives. Had our client not instructed Lawtons, it’s likely he would have been charged and the case would have proceeded to court. Ensuring that you seek the assistance of respected criminal defence specialists can be the difference between preventing a charge and a potential conviction.
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