Summary
The complainant in this case was our client’s stepdaughter, who accused our client of multiple instances of historic sexual assault, alleged to have occurred nearly forty years prior. Our client instructed Lawtons Solicitors due to our reputation for successfully defending serious sexual offences. Thanks to our expertise, our client was found not guilty.
Details of the Case
The allegations against our client were that when the complainant was a teenager, our client had engaged in sexual contact with her on several occasions. Our client attended a voluntary police interview in relation to these accusations where he completely denied all that was alleged.
He maintained that there had never been any inappropriate or sexual contact between the two at any point. He suspected that these allegations had been fabricated due to ongoing familial conflicts.
Our client was later charged with seven offences relating to historic sexual assault. While he did not have representation during his police interview, our client recognised the importance of instructing experts in criminal defence for the court proceedings and therefore chose to instruct Partner Joanne Cestaro.
Our Defence
The case was ongoing for five years, during which Joanne worked tirelessly to support our client and to ensure that a robust defence was prepared for his trial. Our client asserted that there had been long term concerns for the complainant’s mental health and that she had a history of fabricating incidents.
As part of our client’s defence, Joanne submitted that the prosecution’s witnesses were unreliable. Not only had the complainant’s brother served prison sentences for offences of dishonesty but the complainant had also previously made allegations of sexual assault against her brother which were also alleged to have been fabricated.
Given the severity of the charges, our client was at risk of a lengthy prison sentence if convicted. Due to the historical nature of the allegations, our client would have been charged according to the older legislation (Sexual Offences Act 1956) where the maximum sentence would be life imprisonment.
At Court
Our client case was heard at Stoke on Trent Crown Court, where he was represented by Barrister Janice Brennan of Lamb Building Chambers.
During the trial, the cross-examination of the prosecution’s witnesses made clear that the evidence against our client was inconsistent and unreliable. Following the closing of the prosecution’s case, Janice made a submission of no case to answer. The Judge ruled that the evidence was so inconsistent that he intended to remove it from the jury.
Following Janice’s successful argument, our client was found not guilty of all seven charges. This was a fantastic outcome for our client and testament to both Joanne’s and Janice’s expertise.
Without Lawtons’ guidance, our client may have faced a far more severe outcome. This case is a testament to the importance of instructing expert legal representation to ensure you’re met with the best possible outcome.
Looking for a specialist defence solicitor?
Being charged with an historic allegation has the potential to have serious and life-long consequences on your future. You need a team of specialist criminal defence solicitors on your side to make sure that you receive the best possible outcome. With over 250 years combined experience, Lawtons will be there for you every step of the way and will ensure that you receive the highest level of care and attention. If you or a loved one are facing a criminal charge, get in touch with a member of our team today.
