Summary
In this case, our client was charged with two counts of rape after spending a night with a friend and engaging in BDSM. Although both our client and the complainant had to agreed to participate in BDSM, the complainant stated that she had withdrawn consent during. Our client, however, maintained that consent was always given throughout. Partner Joanne Cestaro represented our client on a privately-funded basis, where he was unanimously acquitted after a five-day trial.
Details of the Case
A key feature of this case was the passage of time between the allegation, the investigation and the trial. Almost six years had passed from the date of the incident up until the Trial, which largely impacted our client’s personal life and career.
Our client and the complainant were friends who occasionally engaged in sexual activity. On this occasion, they had mutually agreed to engage in BDSM, during which the complainant claimed that she withdrew her consent.
The issues in this case for trial centered around our client’s intention, whether consent was withdrawn and whether there was reasonable belief that the complainant was consenting.
Our Defence
Joanne supported our client throughout the trial preparation stage and during court proceedings. Our client was of good character with no matters previously recorded against him.
Throughout the proceedings, our client maintained the account that he and the complainant had both willingly engaged in BDSM activity and that he would have stopped immediately at any indication of the complainant withdrawing consent. After the incident, the complainant gave our client no impression that there had been an issue. The two maintained regular contact and a friendly relationship.
If convicted, our client was very much at risk of a substantial custodial sentence. Joanne obtained several character references to aid our client’s defence, as well as thoroughly preparing legal arguments to deal with the complex issue of admissibility of evidence.
Court
The case was heard at Snaresbrook Crown Court, where Barrister Clare Leslie of Lamb Building Chambers represented our client with compassion and professionalism.
After a five-day trial, our client was unanimously acquitted of both counts of rape. Considering the length of the proceedings, our client was extremely relieved at this outcome and grateful for the work that Joanne and Clare undertook to ensure his acquittal.
Client Testimonial
“I was accused of a very serious crime which put my life into an absolute spin for three years. Lawtons were incredible! I was first dealing with Stephen Halloran who helped me through the initial period of the charges and Stephen was great.
My case was then given to Joanne Cestaro and honestly, I don’t have the words to say how amazing Joanne was throughout my case. She was there every step of the way helping my family and I through a very scary and terrifying time. My barrister for the case was Clare Leslie and she was unbelievable, absolutely unbelievable!
Between Joanne and Clare I couldn’t have asked for a better team, thanks to them and the amazing job they did a jury unanimously found me not guilty. I am so, so grateful for the team at Lawtons and to Clare for everything they did and I cannot recommend them highly enough! Amazing team and amazing people! I am now finally able to start getting my life back on track thanks to them. Thank you, thank you, thank you for everything!”
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