Summary
Our youth client was facing five different sexual offence charges from multiple complainants, all of which he completely denied. As part of our Youth Justice team, Solicitor Crystal Plummer represented our client throughout the complex proceedings where he was ultimately found not guilty of three of the charges at trial. The prosecution later offered no evidence on the remaining two charges.
Details of the Case
At the time the accusations were made our client was fourteen years old, however the offences were alleged to have occurred when he was between the ages of thirteen and fourteen.
The complainants all attended school with our client and had alleged varying sexual offences. In total, our client faced the following charges:
- Sexual assault by penetration
- Inciting sexual activity with a girl under 13
- Inciting sexual activity with a girl under 16 (x2)
- Sending an explicit photo with the intention of causing alarm and distress
During his police interview, our client gave a prepared statement where he completely denied the allegations against him. He had been in relationships with each of the complainants but maintained that any instances of sexual contact had always been consensual. For the charge of sexual activity with a girl under 13, our client maintained that the complainant had been 13 at the time whereas she claimed she was 12.
In relation to the explicit image charge, our client instead stated that he had been incited to send the image by the complainant, who proceeded to distribute the image without his consent. He did not send the image unprompted or with the intention to cause distress.
Our Defence
Given our client’s age and the severity of the charges, this was a very sensitive and complex case which required expert handling. Solicitor Crystal Plummer took on our client’s case and provided extensive support to him throughout the duration of the proceedings.
While youth sentencing guidelines aim to have a greater focus on rehabilitation, sexual offences involving penetration are considered very serious and are still often met with prison sentences for children. This risk was understandably very distressing for our client due to the life-long consequences this would have for his future.
Supporting a Vulnerable Youth Client
To ensure he was met with the best possible outcome, Crystal crafted a robust defence, disputing that any sexual contact with the complainants had been non-consensual.
Solicitor Lauren Gilbert supported Crystal in preparing our client’s case and coordinated several expert reports to aid his defence. A psychologist was instructed due to our client’s vulnerability, who confirmed that our client had both mental health and learning difficulties which greatly impacted his behaviour and cognitive functioning.
Due to these findings, Crystal and Lauren also explored issues concerning fitness to plead, which would determine whether our client’s vulnerabilities would allow him to comprehend and participate in the court proceedings. Although the psychiatrists’ reports determined that our client was fit to plead, this is a testament to the lengths our team will go to ensure our clients are treated justly.
Court
Lauren attended to support our client during his trial at Luton Youth Court where he was expertly represented by Barrister Will Paynter of 15NBS Chambers. Due to issues regarding outstanding evidence, the charge for sending an explicit image and one count of inciting a girl under the age of 16 were severed from the remainder of the charges and were scheduled to be heard at a later date.
The trial for the remaining charges lasted for four days, where our client’s defence was robustly argued. In contrast, the complainant’s accounts during trial revealed several inconsistencies. Ultimately, the judge returned not guilty verdicts for all three charges.
Unfortunately, our client’s matter was not resolved due to the outstanding charges. Numerous CPS delays meant that the trial date for these charges was repeatedly pushed back, which caused our client continued distress.
During this time, Crystal wrote a strong letter of representations urging for the remaining charges to be reviewed and discontinued due to our client’s age and the lack of supporting evidence. Thankfully, the prosecution ultimately offered no evidence for these outstanding charges, meaning that our client was acquitted and his matter was finally concluded.
Our client and his family were extremely grateful to Crystal and Lauren for all their continued support throughout the proceedings and to Will for his advocacy at court. This was a fantastic outcome for our client and is a testament to the outstanding legal guidance provided by our team at Lawtons.
Looking for a specialist youth solicitor?
We understand how serious it is when a child is facing a criminal charge and the effect this can have on their future. At Lawtons, we have an experienced team of youth specialists who are experienced in defending children on criminal matters. If a child has been arrested, reach out to us today and let us help guide you through the process. Call us on 0333 577 0522 or visit our enquiries page.
