Summary
Our client and the complainant had met each other on a night out, where they later engaged in sexual intercourse. The complainant later made an allegation of rape to Bedfordshire Police, which our client completely denied. After Partner Dawn McKnight carried out pre-charge defence on a privately funded basis, the investigation against our client was refused charge and resulted in no further action.
Details of the Case
Bedfordshire Police put out an appeal online asking to speak to our client. As he believed himself to be a potential witness to a criminal offence, our client attended Kempston Police Station where he was informed an allegation of rape had been made against him and he was arrested.
Our client did not believe he needed legal representation when being interviewed by the police as he maintained that he was innocent. During his interview, our client accepted that sexual intercourse with the complainant had occurred but insisted it was completely consensual.
Pre-Charge Engagement
Following his Police interview, our client reached out to Lawtons due to our expertise in pre-charge engagement for allegations of sexual assault. Partner Dawn McKnight was later instructed to represent him and make representations to the Police on a privately funded basis.
Our client maintained that all sexual contact between him and the complainant had been entirely consensual and that the complainant had in fact been the one to instigate intercourse on the night in question. He made clear that at no stage was there any indication she was not willingly participating.
As part of the pre-charge engagement, Dawn made representations to the Police where she requested a written summary of the complainant’s allegation and her account of the evening. She also suggested to the Police that they consider several lines of enquiry, including CCTV from relevant locations, to aid their investigation.
No Further Action
Our client was understandably distressed by the allegations given the seriousness of the accusations and the potential penalties. If our client was charged with rape, he would have been at risk of a prison sentence ranging up to 7 years should the matter proceed to court.
Thanks to Dawn’s representations to the Police regarding the additional lines of enquiry, the Police informed Dawn that our client’s matter was refused charge by the CPS and resulted in no further action.
This case is indicative of the importance of securing legal representation as early as possible. Without Dawn’s intervention at this early stage, our client may have faced court proceedings and a potential prison sentence.
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