Client Exonerated After Historical Rape Allegation

Case study summary

Our client, a 57-year-old with a clean record, faced an allegation of rape dating back to 1994. The claim was reported to the police in September 2021, nearly three decades after the purported incident. 3 and half years later we successfully forced the Crown to offer no evidence.

Case study

In September 2021, our client — a 57-year-old man with an impeccable record — was unexpectedly thrust into a nightmare. A historic allegation of rape dating back to 1994 had been made against him by a woman who was 17 at the time of the alleged incident. Nearly three decades had passed before the complainant came forward. From the outset, this case raised significant concerns. Not only was there an extraordinary delay in reporting, but there were also serious questions about the credibility of the complaint itself.

The way in which the police and prosecution handled the case left much to be desired, with key information being withheld from the defence. Despite having no previous accusations or legal troubles in his lifetime, our client now faced the full force of the criminal justice system. He risked not only his reputation but also his freedom.

We quickly identified two major issues with the prosecution’s case.

1. The Complainant’s Credibility – There were discrepancies in her statements and inconsistencies in her history of allegations, which cast doubt on the reliability of her claims.

2. Serious Disclosure Failings – The police and Crown Prosecution Service (CPS) failed to provide full and accurate disclosure, making it difficult for the defence to assess the case properly.

Early in the investigation, the police assured the court that the complainant had no history of making similar allegations. However, our enquiries told a very different story. We uncovered multiple historic reports made by the complainant against various men between 2004 and 2023, including claims of harassment, controlling behaviour, sexual assault, and even rape. Many of these allegations had not resulted in prosecutions, suggesting a pattern that the CPS had failed to disclose. More alarmingly, we discovered that the complainant had repeatedly expressed a desire to withdraw from the case against our client. She had informed police on multiple occasions that she did not wish to proceed, yet the prosecution pushed forward regardless.

The police officer responsible for the case — who was also the designated disclosure officer—stated in an official report that there were no historic reports from the complainant that could affect her credibility. This was categorically untrue. When confronted with this contradiction, the prosecution remained uncooperative. Requests for further information were met with silence, delay, and dismissive responses. The defence was left with no choice but to escalate matters to the court, raising serious concerns about the fairness of the process.

Recognising the fundamental flaws in the case, we built a strong defence strategy centred on working tirelessly to uncover the complainant’s previous allegations, identifying witnesses and obtaining records that challenged her credibility. We repeatedly pressured the CPS to comply with its legal duty to disclose all relevant information, exposing the failings in their case. We made it clear to the judge that the prosecution had not only withheld crucial evidence but had also misrepresented facts in an attempt to strengthen their case.

For months, the prosecution resisted addressing these issues, refusing to acknowledge the clear inconsistencies in their case. The complainant’s repeated requests to withdraw were ignored, and our concerns about police misconduct were dismissed. Eventually, a court order forced the police to take a proper statement from the complainant regarding her history of allegations.

When this was finally disclosed, it confirmed what we had been arguing all along — the complainant had made multiple previous reports of sexual offences. Further disclosure also revealed that she had repeatedly told the police she no longer wanted to be involved in the case. Yet, despite this overwhelming evidence, the CPS continued to pursue the prosecution.

Despite the prosecution’s determination to press ahead, the weight of evidence against them became impossible to ignore. The defence had exposed serious flaws in the complainant’s credibility and how the case was handled. After months of legal battles, persistence, and rigorous defence work, the CPS finally relented. The case was discontinued, and our client was free to move on with his life.

Our client should never have been put in this position. He was a man of good character, forced to endure the trauma of a false accusation and a flawed investigation. But thanks to our determination, and refusal to accept injustice, he was cleared of any wrongdoing.