We Expose Serial Liar in Rape Trial - Case Thrown Out

Not guilty verdict - client exonerated

Author:

Profile image of Mary Monson Solicitors criminal lawyer Nick Ives
Nick Ives

Date posted: 23 Feb 2022

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Crown Court

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Case start date

14 Sep 2017

Significance

Moderate

Case study summary

Our client was found Not Guilty of rape at Norwich Crown Court after we discovered evidence that destroyed the complainant's credibility. After pressuring Police and the CPS for two years, we obtained evidence that she had made previous identical allegations against someone else.

Case study

Our client ran a successful family business in a market town. He was known to everyone and well respected within the community. He was in his 30s and had a young daughter from a previous relationship. When he was accused of a serious sexual offence, his world fell apart. People who had once respected him turned away from him, and the family business suffered immeasurable damage.

One night, while out drinking and catching up with friends he got chatting to the complainant in the smoking area of the local pub. CCTV footage from the night showed the couple talking, laughing, and generally having a good time. As the night ended they went back to the client’s house together. The friendly walk home was also captured on CCTV. Once at the house they had sex, which she claimed was forced and non-consensual.

As soon as she had left the house on the very same night she called the police from a nearby payphone. The police raced out to the address and arrested our client in the early hours of the morning. He was then subjected to a lengthy and uncomfortable interrogation by the police. During this interview, he provided a credible denial of the allegation.

Sadly, once the police had heard the complainant’s story they ignored our client's explanation and labelled him a predator. He was quickly charged with the offence, and as his Crown Court trial was approaching he became consumed with fear, anger, and extreme frustration. He knew he was innocent and he could not understand why he was having to face the possibility of prison if wrongly convicted.

To prepare his case, we took the steps that we know work in these cases - we listened to the client, we spoke with witnesses, we drove across the country to see the scene of the meeting with our own eyes, and took photos for court. Most importantly we piled pressure on the prosecution for disclosure of material we felt may undermine their case. Unbelievably, every one of our calls, letters and emails were ignored until the officer let slip in email that there had been another ‘incident’ which we never been told about. We immediately made more disclosure requests. This time the prosecution could not ignore us.

When this so-called ‘incident’ was properly disclosed to us we could scarcely believe what we were reading. It became clear that the complainant had a history of making these complaints against other people that were almost identical in every detail to the complaint against our client.

Scandalously, the prosecution decided to press on with a trial. We briefed Judy Khan QC, the leading barrister in previous false complaint rape cases to fight on our client's behalf. At trial we asked the judge to dismiss the case against our client. The judge quickly agreed and the jury was ordered to find our client Not Guilty.


Profile image of Mary Monson Solicitors criminal lawyer Nick Ives

Nick Ives

Associate Director

Nick is a Solicitor in our London office, and defends clients throughout the South East and nationally. He is experienced in Fraud, Serious Crime and Sexual Offences. He was the COO of an international charity before joining the firm.

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