Case Summary
After a night out with friends, our client engaged in sexual intercourse with a sex worker. Although both members consensually engaged in intercourse, the complainant claimed that our client had intentionally removed the condom during intercourse without her knowledge. She quickly reported the incident to the Police, and our client was later charged with rape.
Our client completely denied the allegation. Although he accepted that the condom had come off during intercourse, he stated that this was accidental. He denied that he had any intention to deliberately remove the condom.
Partner Paul Dillon represented our client on a privately funded basis and prepared a thorough defence ahead of trial. After a four-day trial at Southwark Crown Court, the jury returned a not guilty verdict, and our client was acquitted of the charge.
Details of the Incident
Our client lives in Wales but had come to London for a friend’s birthday celebration. After having had some drinks at a club, he decided to leave and engage in sexual intercourse with a sex worker. He found the complainant’s profile online and organised a meet-up with her at a hotel.
Upon arrival at the hotel, the complainant requested that our client wear a condom, which he agreed to. During intercourse, our client felt that the condom was beginning to come off and attempted to adjust it. In doing so, the condom came off completely without our client’s knowledge.
The complainant noticed our client adjusting the condom and then saw that the condom had been removed. She believed that our client had done this intentionally, thus going against her request and breaking her trust. Intercourse then ceased immediately, and our client left the hotel.
In her Police interview, the complainant stated that our client had deliberately removed the condom and then continued with sexual intercourse without her consent. However, our client denied this completely.
He accepted that he had briefly continued with intercourse without the condom but that this was accidental as he had not realised that the condom had come off. Once he noticed, he immediately withdrew and ceased intercourse.
Our Defence
Our client was extremely distressed by this accusation. Given the nature of the offence, our client was at risk of a lengthy custodial sentence if found guilty. Paul took on our client’s case and provided him with constant support considering the sensitivity of the allegation.
Having worked as a medical professional for over ten years, our client was accustomed with and understood the importance of upholding consent. He asserted that he would have never knowingly or intentionally broken the complainant’s trust in such a way.
Following the accusation, our client had been suspended from his workplace and was under formal investigation. He was therefore very eager to put this ordeal to rest and restore his reputation.
After investigating the details of the case, Paul found that the Prosecution’s evidence against our client was weak and unsubstantial. Our client’s position was clearly laid out during his Police interview and therefore Paul refuted any indication that the incident was pre-meditated in any way.
Court
The case was heard at Southwark Crown Court, where our client was represented by Martin Rutherford KC of 15NBS Chambers. Martin maintained that our client did not deliberately or deceptively remove the condom and therefore there was no intentional violation of the complainant’s consent.
Furthermore, Martin asserted that once our client realised the condom had come off, he immediately ceased intercourse. Strong character references were also presented in our client’s defence, affirming his good character. In contrast, the Prosecution were unable to definitively prove that the incident was pre-meditated by our client.
After a four-day trial, the jury returned a not guilty verdict and our client was acquitted of the charge. Given that he was at risk of imprisonment and the impact this allegation had already had on his career, our client was overjoyed at this result. This case underscores the importance of securing specialist legal advice early to achieve the best possible outcome.
Client Testimonial
‘I was recently helped by Mr Paul Dillon of Lawtons in my case, and I have to say he was excellent. Throughout the whole time, he was supportive and understanding of my concerns, as well as clear in all communications. He was easy to get hold of and even discussed issues with me during evenings and weekends, showing really useful flexibility in this regard. All Mr Dillon’s work, from statements to letters, to his advice on which KC, was great, showing his extensive experience and knowledge. I would definitely recommend.’
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