Summary
Our client was originally represented by the Duty Solicitor before instructing Partner Dawn McKnight on a privately funded basis. After Dawn engaged in thorough pre-charge defence with the police, the allegation of rape against our client resulted in no further action.
Details of the Case
Our client and the complainant had met on a night out and returned to our client’s flat where they engaged in sexual activity. The complainant later made a report to the police accusing our client of rape.
For his initial police interview, our client was represented by the Duty Solicitor where he was advised to give a no comment interview. However, our client was not satisfied with this advice as he felt he hadn’t been given the opportunity to give his account of the evening to the police.
Our client later chose to instruct Partner Dawn McKnight on a privately funded basis to carry out pre charge engagement, due to Lawtons’ expertise and reputation for effective pre charge defence.
Our Defence
Upon instruction, Dawn swiftly contacted the officer in charge of our client’s case and organised a second voluntary interview which would give our client the opportunity to provide his account.
Our client denied the complainant’s allegations completely. While he accepted that sexual activity between the two had occurred, he maintained that all contact was entirely consensual and that the complainant had displayed no sign of distress or unwillingness.
For his second interview, our client gave a prepared statement where he gave a full account denying the allegations and described the events of the evening from his perspective.
No Further Action
Our client was understandably very distressed by the allegation given its severity. If he were to be charged with rape, he would be at risk of a prison sentence lasting potentially up to 7 years.
Thankfully, due to the strength of Dawn’s pre-charge engagement, the police later informed our client that they would not be pursuing charges against him 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.
Looking for specialist pre-charge engagement solicitors?
At Lawtons, we understand that there is no ‘one-size-fits-all’ approach when it comes to criminal defence. For cases requiring pre-charge engagement, we prioritise transparency over fixed fees, ensuring that you receive the highest quality of service.
The actions taken in the earliest moments of a criminal investigation are often the ones with the most profound consequences. Don’t hesitate – get in touch with our team today.
