Summary
Our client was a student at Bournemouth University who had been accused of rape by a fellow student. He completely denied the accusation and instructed Partner Paul Dillon after his Police interview to carry out pre-charge engagement. After providing the Police with extensive supporting evidence, our client’s matter was refused charge and resulted in no further action.
Details of the Case
Our client and the complainant had engaged in sexual contact after a night out where the complainant later alleged that she was too intoxicated to consent. Our client was represented by the Duty Solicitor during his Police interview where he completely denied the allegation.
Our client maintained that all sexual contact between the two on the night in question had been consensual and the complainant had given no indication that she was not consenting nor that she was too intoxicated to consent. Instead, our client stated that the complainant appeared entirely coherent and in control of her actions.
Our Defence
The allegation was extremely distressing for our client, who was in his first year at university. If the matter progressed to court proceedings, there would be significant impact on his education and employment as well as the risk of a lengthy prison sentence.
Following our client’s release on bail, Partner Paul Dillon was instructed on a privately funded basis to engage in pre-charge representations with the Police. As there were no messages exchanged between the two, Paul provided the Police with witnesses who had spoken to our client and the complainant on their way home.
These witnesses were able to corroborate our client’s defence as they had spoken directly with the complainant and likewise stated that she was fully in control of her actions and was not so intoxicated that she would be unaware of her surroundings or unable to consent.
No Further Action
The Police considered the further evidence provided, which supported our client’s account and highlighted the inconsistencies in the complainant’s allegation. Thanks to this evidence, our client’s matter was ultimately refused charge and resulted in no further action.
Given the potential consequence of being charged with rape, our client was relieved with this outcome and very grateful to Paul for his assistance in achieving this outcome. This case indicates the importance of ensuring that you seek the assistance of respected criminal defence specialists, as this can be the difference between preventing a charge and a potential conviction.
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