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16-year-old client accused of Rape - No Further Action

No further action - police dropped investigation

Author:

Profile image of Mary Monson Solicitors criminal lawyer Thomas Obrien
Thomas O'Brien

Date posted: 05 Apr 2023

Manchester

|

Police Station

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Lawyer

Legal team

Profile image of Mary Monson Solicitors employee Samantha Smart
Samantha Smart

Case start date

26 Oct 2022

Significance

Minor

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Case study summary

Our client was a 16-year-old child who had been arrested as a result of a rape allegation that had been made the previous year. He was understandably terrified and instructed our firm to represent him during his interview. The case was eventually closed by the police.

Case study

Our client was accused of rape by a girl who had attended a party with him in 2021. He had been arrested by the police and had requested our firm to represent him. Our expert lawyer attended the police station and spoke with the officer prior to the interview in order to get some information about the allegation.

From speaking with the officer, it was clear that the police lacked the necessary evidence to take this case any further. The complaint itself had come from the girl's mother and the girl herself was refusing to provide a formal statement. In addition to this, there was no forensic evidence or statements from other witnesses.

Our lawyer had determined that if our client advanced an account during interview, there would be no benefit to him as it was not his job to prove that h was innocent; it was the police's job to prove that he was guilty. The lack of evidence in the case meant that they could not do this so answering no comment to all questions was the most appropriate and effective way to approach the interview.

After the interview had concluded, the police eventually closed the investigation and took no further action against our client. He was able to continue his school studies without the serious threat of a rape prosecution hanging over him.


Profile image of Mary Monson Solicitors criminal lawyer Thomas Obrien

Thomas has worked at the firm since 2019, joining directly from university after obtaining an LLB in Law from Leeds. He particularly enjoys working on high level fraud and serious criminal cases, and providing outstanding commitment and client care.

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