Client acquitted of historical rape

Case study summary

Our client was accused of historical rape by a former partner. His recollection of events was sparse but he stated that any sexual activity had always been consensual. At trial, the inconsistencies in the complainant's account were highlighted he was found not guilty.

Case study

Our client was a gentleman in his 60s accused of historical rape dating back to the 1990s. He approached our firm devastated, anxious and fearful of facing a lengthy term of imprisonment. He was looking for a solicitor to not just represent him, but to believe wholeheartedly in his innocence.

Due to the passage of time and his age, his recollection of events and the history of the relationship leading up to the allegations was unclear. He was very clear that any sexual activity was at all times consensual and that he had never engaged in anal sex either intentionally or accidentally, so in this instance consent was not a consideration for the jury, our client denied that such activity ever took place.

The complainant presented as vulnerable and our client was concerned that a jury would find her evidence compelling.

The years spent under investigation until the conclusion of the trial took its toll on our client, and he was fearful of being convicted for an offence that would result in a very lengthy prison sentence, which is difficult at any age, but more so for an elderly gentleman looking towards retirement.

A difficulty in many rape allegations is a lack of evidence to support either the prosecution or defence case. Often, the only evidence is the account that the complainant provides and the defence put forward by the defendant. In fact there were inconsistencies in the prosecution case and these were highlighted in cross examination. Our client was consistent in his account at the police station, in his instructions, his written defence and the evidence he gave at court. He was supported throughout by his solicitors and barristers who prepared the case thoroughly, and he was acquitted a short while after the jury retired to consider their verdicts.

He was so overwhelmed and relieved to be acquitted that he could barely speak, but subsequently very grateful and pleased to be able to move on with his life and hopeful for the future.