Client Accused of Rape - Case Dropped
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Date posted: 17 Nov 2023
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Police Station
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Case start date
22 Sep 2023
Significance
Minor
Case study summary
Our client was accused of raping the complainant. He denied the allegation and explained that the intercourse was consensual. We reviewed the evidence and carefully highlighted evidence supporting our client's account to the police. No further action was taken.
Case study
Our client was a 23-year-old engineer. He was arrested for an allegation of rape in January 2023 and he requested the duty solicitor during his police interview. Due to concerns that his solicitors were not being pro-active, he contacted us and asked us to represent him. Our client feared losing his job and potentially facing a prison sentence if he was charged with this offence.
We obtained the case papers from our client's previous solicitors and corresponded with the police to ensure that we were in the best position to advise our client. The complainant said that she had met our client in a night club, they kissed and left the club together. As they were leaving, she said that she believed our client was directing her to the taxi rank, however, he took her to an alleyway and allegedly raped her instead.
Our client wholly denied the allegation. He confirmed that he did meet the complainant in a nightclub. They kissed and she grabbed his hand to direct him out of the nightclub and to a secluded area where she continued to kiss him. The complainant then proceeded to remove her clothes and asked our client to have sex with her. All sexual contact between them was consensual and in fact instigated by the complainant.
We reviewed the evidence with a view to providing representations to the police which highlighted the weaknesses in their case. The medical evidence confirmed that sexual intercourse had taken place, however, this was not in dispute. It was our client's account that the intercourse was consensual and this was supported by CCTV footage which showed our client and the complainant leaving the nightclub whilst holding each other's hand. We also reviewed the location of the nightclub and drew the police's attention to the fact that the alleyway where the alleged rape took place was clearly situated in the opposite direction to the taxi rank where the complainant says she believed our client was taking her to.
Our client was also a man of good character. This means that he had no criminal convictions. We spoke to his current partner, family and friends who all provided examples of our client's respectful and caring nature.
We carefully presented all of this information through representations to the officer in charge of the case and we were successful in persuading the officer to stop the case from going any further. Our client was extremely relieved and he looked forward to continuing with his life without such a serious allegation hanging over him.

Jamie Dickson
Apprentice Solicitor
Jamie is an apprentice solicitor and represents clients at the police station. She also assists with the preparation of cases in the Magistrates’ Court and Crown Court with offences ranging from harassment to murder. Jamie’s clients describe her as professional and caring.

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