Case Summary
Our client was charged with three counts relating to rape and sexual assault, following a sexual encounter after a night out. Our client denied these allegations wholeheartedly. Throughout the investigation, he maintained that all contact was consensual and that the allegations had been completely fabricated by the complainant.
After transferring to Lawtons from a different firm of solicitors, our client was provided with excellent guidance and support by Legal Executive Nicola Hobdell. Thanks to her meticulous analysis of the Prosecution’s evidence and diligent preparation ahead of trial, our client was ultimately acquitted of all charges.
Details of the Case
Our client and the complainant met at a nightclub in London, after which the complainant returned to our client’s flat. According to the complainant, he returned to our client’s flat solely for a place to stay, as he had lost contact with his friends and didn’t have their address.
Upon arrival at our client’s flat, the complainant stated that our client behaved aggressively towards him and forced him into engaging in sexual acts against his will. The complainant claimed to have been assaulted on several occasions throughout the night and then again in the morning before leaving our client’s flat. He later reported the incident to the Police.
When interviewed by Police, our client’s account of the evening completely contradicted that of the complainant. Our client asserted that the complainant had fabricated the allegations, as both parties had been willing and eager to engage in sexual contact. Further to this, the complainant had chosen to stay at our client’s flat for a prolonged period, when he could have left at any stage.
Our Defence
Initially, our client was represented by a different firm of solicitors. After transferring to Lawtons, he received reliable and robust legal advice from our specialist team.
Our client was extremely distressed by these accusations. Over the course of proceedings, he suffered severe psychological consequences. The prospect of being convicted and sentenced only added to this distress. If convicted, he faced a lengthy prison sentence with devastating repercussions that would follow him for life.
Nicola Hobdell took on our client’s case and provided him with constant support and guidance. As part of her case preparation, she meticulously analysed the Prosecution’s evidence, comparing each aspect of the complainant’s account with other witness statements, character references, CCTV footage and purchase receipts.
In doing so, Nicola found that the complainant’s account was incredibly disjointed. His account of the incident, as well as the timeline of events was contradicted by several of his friend’s statements, taxi receipts and CCTV footage.
We were able to further dispute the complainant’s claims as, due to a medical condition, our client is unable to engage in specific sexual acts, making certain allegations virtually impossible. This was corroborated by several medical reports and statements from previous sexual partners.
Nicola also highlighted several mistakes in the Police proceedings during the investigative stage, further highlighting the weaknesses in the Prosecution’s case. This included the Police missing out key aspects in our client’s witness statement, not interviewing witnesses in relation to our client’s previous sexual partners and failing to include a witness’ full account to our team. The detail with which Nicola analysed the Prosecution’s case is a testament to the strength of her investigative work and defence preparation.
Court
The case was heard at Inner London Crown Court where our client was excellently represented by Barrister Jessica Clarke of 9BR. All of Nicola’s findings were presented to the jury which definitively showcased the strength of our defence. Our client’s account alongside this was strong and corroborated by witness statements and evidence of his good character.
In contrast, weaknesses in the Prosecution’s case were made apparent, due to the numerous inconsistencies in and contradictions to the complainant’s account, as well as previous evidence of his unreliable character.
Following a five-day trial, the jury found our client not guilty on all counts after just a short deliberation. Our client and his family were overjoyed by this result and were extremely grateful to Nicola and Jessica for their commitment and expertise throughout this ordeal.
This case is an example of why it is essential to secure expert representation when facing a serious criminal charge, as a strong defence can make the difference between conviction and acquittal.
Client Testimonial
Our client and his family were very thankful to Nicola for all her guidance. As a result, multiple testimonials were provided, demonstrating the strength of our legal advice and the impact of Nicola’s dedication to her client:
Very compassionate and knowledgeable team
I sought Lawtons out after having quite a bad experience with a different law firm. By contrast, Nicola and everyone else I delt with at Lawtons were very compassionate, which was the most important thing to me after going through the most traumatic experience of my life. They work with some very competent and caring professionals. Nicola and Jessica were great throughout the process and helped me get a result that was better than what I could have imagined.
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I cannot fault the service in any way. I was with a previous legal firm before and was very dissatisfied with them, felt that I wasn’t listened to, or validated in my feelings, which considering the nature of the reason why I sought help was not helpful. But I found Lawtons, Nicola and Jessica incredibly helpful. They were compassionate, they seemed to understand my distress in the situation, and well as understanding a lot of factors relating to my personal situation/life.
In regards to my case, I was falsely accused of a crime and had three charges against me. Despite there being CCTV, witnesses, Instagram/WhatsApp/Facebook messages, medical evidence contradicting the complainant’s story, the police and CPS still charged me. This made me feel so hopeless about the criminal justice system and about the case, but Nicola and Jessica did an amazing job, not only reassuring me, but compiling all this evidence and presenting it to a jury, who took around 5 minutes to reach a verdict of not guilty on all counts.
It made me feel that Lawtons team in particular was the main shield against the injustice, where both the police and CPS had failed to do so.
Looking for a specialist sexual offence solicitor?
Have you or someone you know recently been accused of a similar charge? Securing expert legal advice from the offset can make a big difference in the outcome of your case. If you or someone you know is in need of guidance, please contact our specialist team on 0333 577 0522 or visit our enquiries page.
