Summary
Our client was facing an allegation of rape from his ex-partner to which he pleaded not guilty. After initially being represented by the Duty Solicitor, our client instructed Partner Dawn McKnight on a privately funded basis. Thanks to the strength of Dawn’s legal guidance and support, our client was unanimously found not guilty at trial.
Details of the Case
Our client and the complainant had been in a relationship and living together for several months prior to the allegation. The complainant alleged that while staying at a hotel, the two had engaged in consensual sex. She stated that they had both been drinking but neither were so intoxicated that consent became an issue.
During the course of sexual intercourse, the complainant states that she started to feel uncomfortable and asked him to stop. She accepted that he may not have heard her on the first occasion so repeated herself, at which point she stated that he ignored her and continued. The complainant stated that she then pushed him off and locked herself away in the bathroom until the following morning.
Our Defence
Our client was later arrested by Bedfordshire Police and taken to Kempston Police Station. For this initial interview, he was represented by the Duty Solicitor, where he was advised to give a no comment interview. However, he was unhappy with this advice and later instructed Partner Dawn McKnight on a privately funded basis for a voluntary re-interview and to carry out pre-charge engagement with the Police.
During his second interview, Dawn advised our client to give a full account, where he completely denied the circumstances as alleged. He stated that while engaging in sex, the complainant had pushed him off out of nowhere and he had stopped. He believed he stopped as soon as he was asked to do so and he did not hear any previous requests.
He stated that the two then fell asleep together until the morning when the complainant then went to buy them both breakfast. It was only when she later returned from a family meeting that her mood shifted and she ended the relationship.
As pre-charge defence, Dawn requested that the CCTV footage from the hotel be secured as our client was sure that it would undermine the complainant’s account. The footage did in fact show the complainant going in and out of the room during the night in a calm manner.
Despite it being clear that the complainant’s account was undermined, our client was later charged with rape. After Dawn obtained the full log of the Prosecution’s evidence, including the complainant’s video statement, it was clear that the CPS had not met the charging threshold of a realistic prospect of conviction. Despite this and the numerous representations from our team throughout the proceedings, the Prosecution refused to discontinue the case.
Court
The trial took place at Luton Crown Court where our client was represented by Barrister Beth Crocker of 15NBS Chambers. Our client was understandably distressed as, given the circumstances of the allegation, he was at risk of receiving a prison sentence of up to seven years if convicted.
Our client’s trial lasted for four days, throughout which he was supported by both Dawn and Beth. His evidence at trial, paired with the CCTV footage, was extremely strong and successfully demonstrated to the jury the weaknesses of the Prosecution’s case.
Due to the strength of our client’s case, the jury returned a unanimous not guilty verdict. Our client was relieved and extremely grateful to both Dawn and Beth for their support and guidance during such a stressful time.
This case is a clear example of the outstanding work carried out by Lawtons Solicitors. If it weren’t for Dawn’s expert intervention and persistence in highlighting the inconsistencies in the Prosecution’s case, our client may have faced a very different outcome.
Client Testimonial
I would highly recommend Lawton’s Solicitors. In particular we dealt with Dawn McKnight from Lawton’s and Beth Crocker (15NBS Chambers). I cannot fault either one. Both extremely knowledgeable and explained everything throughout our time. The situation itself wasn’t pleasant but although very professional, they also really showed care and empathy to myself and family. The administration side was all clear and well communicated. I genuinely do not have one negative to say.
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