Summary
Our client was accused of rape by a friend which he firmly denied. He maintained that all sexual contact between himself and the complainant was consensual. Partner Dawn McKnight was instructed on a privately funded basis to carry out pre-charge engagement with the police. Thanks to the strength of Dawn’s representations to the police, the allegations against our client were refused charge and the case resulted in no further action.
Details of the Case
The complainant and our client initially met online and had known each other for several years. She alleged that our client had raped on her on two occasions while the two were at her accommodation.
Our client was arrested by the Metropolitan Police and interviewed at Lewisham Police Station, where he was represented by the Duty Solicitor. Our client was shocked by the allegations and denied any non-consensual sexual activity.
He gave a full account during his interview where he maintained that the sex was fully consensual. Our client had repeatedly asked the complainant for consent, to which she had agreed. At one point, the complainant did ask him to stop which he did immediately. The two left on good terms and she gave no impression that he had done something wrong.
Our Defence
Following his police interview, our client sought advice from experts in pre-charge defence. He instructed Partner Dawn McKnight on a privately funded basis due to her expertise in defending serious allegations.
Dawn made representations to the police where she highlighted that the details of the allegation presented during interview were very vague and it was unclear what the exact allegations were.
In addition, Dawn made requests for the CCTV evidence on the day of the allegation, which would show our client and the complainant on good terms. She also pressed for urgent forensic examination of our client’s phone as his messages to the complainant would likewise show no evidence of conflict.
No Further Action
Our client was understandably distressed by the allegations against him, as a conviction would have significant consequences on his future. Given the circumstances of the allegation, if the matter proceeded to court he could face up to 7 years imprisonment if convicted.
Thankfully, due to the strength of Dawn’s pre-charge engagement, the police later informed our client that the allegations were refused charge by the CPS and that his case had resulted in no further action. Our client was extremely grateful for Dawn’s effective intervention which ultimately led to his case being dropped.
Without Dawn’s guidance, our client likely would have been subject to Crown Court proceedings, a possible prison sentence, being placed on the Sex offenders register and subject to Notification requirements and a Sexual Harm Prevention Order.
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