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Client accused of Rape - No Further Action

Investigation discontinued with no further action

Author:

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

Date posted: 02 Nov 2022

Salford

|

Police Station

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Case start date

20 Sept 2022

Significance

Moderate

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Case study summary

Our client was accused of raping his former partner, who he had been seeing in 2018. He denied the allegations and instructed our specialist lawyers to assist him during his interview. We were able to assess the situation and ensure that the case was closed.

Case study

Our client, a young man with no previous convictions, was asked to attend an interview by the police after a former partner stated that he had acted against her consent while they were having sexual intercourse.

He was understandably terrified and instructed our firm to represent him. Given that the allegation came from so long ago and because he had no involvement with the criminal system prior to this incident, our client wanted to make sure that he had specialist lawyers on board in order to make sure the case was dropped.

He explained that he and the complainant had sexual intercourse on this day but that it was entirely consensual. She had asked him to stop after she felt some pain and he had done so. He had even had contact with her afterwards to check that she was okay and had arranged to meet up again.

Clearly, the account provided by the complainant was untrue and we ensured that our client's account was advanced, during the interview, by way of a prepared statement. The statement set out, clearly, what had happened on the day and since, denying the allegation categorically.

Having obtained our client's account and assessing the evidence further, the police had no choice but to drop the case. Our client can now go on with his life without the fear of a criminal charge 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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