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Mentally ill man accused of Rape- Case Dropped

No further action - police dropped investigation

Author:

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

Date posted: 03 Nov 2022

Manchester

|

Police Station

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Case start date

23 Jun 2022

Significance

Minor

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Case study summary

Our client was a mentally ill man who had made a comment to an nurse at hospital suggesting he had committed the offence of rape on his ex-partner. We were able to put his comments into context and get the case dropped.

Case study

Our client suffered with PTSD, depression, and bipolar disorder. Sadly, he had attempted to commit suicide when having a particularly bad mental health incident. During his assessment at hospital, he had made a comment to a nurse and mentioned an occasion with his ex-partner. The nurse then reported this to the police who arrested him for rape.

Realising that he needed top legal representation, our client contacted our specialist lawyers to represent him at the police station. He explained that his comments were taken out of context and were said when he was in a poor state of mind. He and his ex-partner had practiced 'consensual non-consent' when they were together and he was recounting an particular occasion that they had done this when he was speaking to the nurse. He had not committed the offence and this was clear upon hearing his explanation. Our expert lawyer drafted a detailed prepared statement at the police station, during the police to consider the comment in the context of our client’s mental state and denying the offence.

Following the interview, the police conducted further enquiries based on our prepared statement and had no choice but to discontinue the investigation.


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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