Summary
Our client was under investigation for several allegations of rape against his wife. Trainee Solicitor Lauren Gilbert was instructed on a privately funded basis to carry out pre-charge engagement during the Police investigation stage. After providing extensive supporting evidence to the Police, our client’s case was refused charge and resulted in no further action.
Details of the Case
At the time the incidents were alleged to have occurred, our client and the complainant were married but the allegations arose after their separation. The complainant accused our client of several instances of rape over a four-day period and stated that he had become increasingly aggressive and controlling during the course of their relationship.
Trainee Solicitor Lauren Gilbert represented our client during his police interview, where she advised him to provide a full account. Our client denied all the allegations completely and denied ever engaging in non-consensual sexual activity. Instead, he stated that not only did they not engage in sexual activity during the alleged period but the complainant had been physically aggressive towards him.
Our Defence
Following his police interview, our client instructed Lauren on a privately funded basis to carry out pre-charge defence, which would enable her to provide additional evidence, lines of enquiry and witness details to the police to aid their investigation.
If our client were to be formally charged and the matter proceeded to court, those court proceedings would have gone on for much longer and, likely, serval more years given the extent of the backlogs. The thereat of a of lengthy custodial sentence if he had then been convicted would have prolonged the stress and anxiety he was understandably facing. If convicted our client could have faced up to 7 years’ imprisonment as well as a criminal record and consequences that would follow him for life.
Lauren provided extensive evidence to support our client’s defence, which drew attention to the inaccuracies in the complainant’s account. This included text messages which undermined her suggestion that the relationship was abusive in nature, a character reference from our client’s previous partner and photo evidence that contradicted the complainant’s accusations.
No Further Action
Given the strength of the evidence and Lauren’s representations, she was able to argue against charging our client as:
- 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.
Ultimately, the police confirmed that the allegations against our client had been refused charge, meaning that no further action would be taken against him.
Our client was extremely grateful to Lauren for all her guidance and assistance. 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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