Summary
In this case, our client was charged with one count of rape after driving a friend home from a night out. Our client denied this allegation completely. He accepted that he and the complainant had engaged in sexual intercourse, however he denied that it was non-consensual and asserted that both parties had been willing throughout.
Initially, our client had instructed the Duty Solicitor at the Police Station. However, after conducting further research, he decided to transfer to Lawtons, where Partner Joanne Cestaro represented him on a privately funded basis.
Our team provided excellent guidance and support throughout the preparation stage and during trial. After a five-day trial at Norwich Crown Court, the jury returned a unanimous not guilty verdict and our client was acquitted.
Details of the Case
Our client and the complainant had briefly met prior to the night in question through a mutual friend. Our client met the complainant and her friends after they had been out drinking and was asked to drive the complainant home.
Before reaching the complainant’s home, our client asserted that she had directed him to pull the vehicle over and had initiated sexual contact with him. Our client maintained that the complainant consented prior and during and appeared to be fully in control of her actions.
However, the following day the complainant accused our client of rape over message, claiming that she did not consent at any stage. She later reported the alleged incident to the Police.
Our Defence
Our client denied the allegation and maintained that all sexual contact between himself and the complainant had been consensual. During the interview at the Police Station where our client was advised by the Duty Solicitor, he made considerable errors in judgement and gave an account which was subsequently undermined.
It was only after transferring to Lawtons, where he was represented by Joanne, that our client was given robust advice and guidance. Following this, he was able to provide Joanne with detailed instructions which enabled us to assist him properly and within his best interests. After a lot of hard work and dedication, Joanne was able to rectify previous errors and to ensure our client was given the best possible outcome.
For an offence of this nature, our client was at risk of serving a lengthy prison sentence, due to the features of the case, one starting at ten years’ custody with a range from nine to thirteen years in total. This prospect was obviously very distressing for our client and Joanne made sure to support him and advise him accordingly during such a difficult time.
Court
The case was heard at Norwich Crown Court where our client was represented by Barrister Anne Faul of Lamb Building.
This was a complex case with expert legal argument required to deal with multiple issues including admissibility of evidence and previous convictions.
Anne used her Trial expertise and after a five-day trial, our client was unanimously acquitted of the charge. Our client was extremely grateful to both Jo and Anne for their support and dedication throughout this difficult period.
Considering that our client was facing a considerable risk of a lengthy custodial sentence, this outcome was extremely favourable and is a testament to the outstanding legal guidance provided by our team.
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