Summary
The complainant in this case was our client’s ex-girlfriend who had made two allegations of rape against him. Our client denied the allegations completely and claimed they were fabricated due to the deterioration of their relationship. After Managing Partner Stephen Halloran conducted robust pre-charge engagement with the police, the case against our client was dropped before charge and resulted in no further action.
Details of the Case
It was our client who initially called the police due to the complainant refusing to leave his home. Upon the police’s arrival, the complainant stated that she was the victim of domestic rape and our client was arrested.
Our client was represented by the Duty Solicitor during his police interview where he gave a prepared statement, denying the allegations. He stated that he and the complainant were in a relationship and had been living with each other for 6 weeks, but that he had now attempted to end the relationship. He maintained that he had never engaged in sexual activity without her consent and believed that these allegations were fabricated.. Our client worked in a regulated environment and the impact of delayed investigation would have had professional implications.
Our Defence
Following his police interview, our client chose to instruct Managing Partner Stephen Halloran on a privately funded basis due to Stephen’s reputation for effectively defending cases of serious sexual assault.
While the police continued to investigate the allegations, Stephen carried out pre-charge engagement to ensure that all possible lines of enquiry were addressed to corroborate our client’s defence. This included detailed consideration of the available mobile evidence from the clients phone to undermine the allegations.
Stephen prepared an agreed detailed letter of representations which highlighted the evidential issues in the case against our client In addition, numerous lines of enquiry regarding the complainant’s behaviour both in and out of their relationship were highlighted as relevant to the issues.
No Further Action
Rape is a very serious allegation which can result in severe penalties on conviction. Given the circumstances of the allegations, if the matter proceeded to court our client was at risk of a prison sentence of up to 7 years and requirements to adhere to the sex offenders’ register indefinitely.
After extensive and repeated representations from Stephen, police confirmed that there would be no further action against our client. This means that the investigation was formally discontinued, bringing a highly stressful and potentially life-changing matter to an end.
Looking for a specialist pre-charge engagement solicitor?
At Lawtons Solicitors, we specialise in defending serious allegations with discretion, strategic insight, and a meticulous approach to evidence.
Our pre-charge engagement work is designed to influence the direction of an investigation at the earliest stage, often making the difference between a case being dropped or proceeding to court.
Our approach is to provide the bespoke advice to each case and also assess whether pre-charge engagement is the best option. We do not seek to provide a packaged service, but rather assess the merits and discuss the options with you to make an informed decision as to our approach for your case.
The actions taken in the earliest moments of a criminal investigation are often the ones with the most profound consequences. Don’t hesitate – get in touch with our team today.
