CPS Abandon Rape Trial After Inconclusive Verdict

Case study summary

After a five day trial, our client faced a further ordeal when the jury did not return a verdict and the prosecution indicated that they would seek a re-trial. We pressured the prosecution to review this decision which resulted in them dropping the case.

Case study

Our client was charged with rape after a one-night stand. The complainant said that he had either drugged her or spiked her drink which had caused her to lose consciousness. She said that he then had sexual intercourse with her when she was unable to consent. Our client accepted that he had sexual intercourse with the complainant but he explained that she consented and she was fully conscious and engaged throughout.

As we prepared for trial, we explored all of the options that we had available to us to reinforce our client's case. He had denied the allegation during his police interview and answered all questions that were put to him by the police which showed that he had been honest and consistent from the beginning. We also obtained character references from our client's family and current partner to evidence how well thought of and trusted he was.

To challenge the prosecution's case, we identified all of the inconsistencies within her account and instructed an expert witness to assess the impact which the complainant's diagnosed mental health conditions would have had on her perception of the event.

For trial, we instructed an expert barrister to represent our client, namely Jennifer Brenton of 33 Bedford Row Chambers. Ms Brenton was able to bring her own experience and expertise to the trial and worked hard to persuade the jury of our client's innocence. The outcome of the trial was an inconclusive verdict and the prosecution indicated that they would be proceeding to a re-trial.

Our client was understandably disappointed after the result of the first trial but we continued to support him as we prepared the case just as thoroughly for a re-trial. We also put pressure on the prosecution to review their position as, in our view, the prosecution's case was weak and the case should not proceed.

In the days leading up to the re-trial, we were informed that our efforts had been successful and we were able to deliver the good news to our client that the prosecution had offered no evidence and the matter would no longer be proceeding to a re-trial. Our client was extremely relieved with this outcome and looked forward to returning to his family without the case hanging over him any longer.