Rape is an offence contrary to section 1 of the Sexual Offences Act 2003. Many of us hear about rape and assume that it is the penetration of a persons vagina without consent. However, rape can also be the penetration of a persons anus or mouth without the persons consent. In this case our client was alleged to have orally raped the complainant, a 23 year old student with whom he has been engaging sexually with for a period of time.
Background
In July 2021 we received an enquiry from a very anxious, upset and panicked young client. He was 26 years old and being accused of oral rape by a girl whom he had been engaging with sexually for a period of time. He had been arrested and having received advice from the duty solicitor (who advised him to admit guilt), he contacted PCD Solicitors.
He explained to us that he and his long term girlfriend had been exploring within their sexual life and this meant they had engaged sexually with other people. One of the other persons was the complainant, who after not getting what she wanted from our client had decided to set him up and set out to ruin his entire life.
All parties to this case were students, our client had no previous record with the police and was described by his peers and university tutors as an exemplary student. PCD Solicitors were instructed prior to any charges being authorised and set out to present his defence at this early stage to avoid any prosecution and we were very pleased for the client that this was a success.
The evidence
Audio Recordings
The police believed they had strong evidence, describing the case as ‘unusual’ they disclosed to our client that an audio recording of the alleged oral rape had been taken. To any solicitor this would of course be a concern, but in listening to our client and obtaining a detailed history of the case we used this recording to our advantage and actually disclosed this piece of evidence in interview before the police. This was a risky strategic decision but the experience and knowledge of our lawyers knew this was the best course of action to protect our client.
The complainant
The complainant provided a recorded ABE interview with the police detailing her alleged ordeal, her relationship with our client and how the alleged rape had affected her. ABE stands for 'Achieving Best Evidence' and it is a video recorded account taken from the complainant in a case.
The information the complainant gave in this case, or lack of information, was also used to our advantage. What the complainant didn’t tell the police in her initial statements is that she had recorded our client. She disclosed this recording some time after.
The very fact this allegation was made within minutes via 999 and the police attending promptly, the complainant did not say to the officers “I recorded him, here is the evidence” as the reasonable person would. Instead she sat on this piece of evidence for weeks after disclosing it to our clients partner, which indicated there was a clear motive, this being she wanted to cause trouble for our client not necessarily with the police but between him and his partner.
The complainant also missed important information and did not inform police of the correspondence between her and our client, and also her and our clients partner, this is not surprising as her correspondence leading up to and on the night of the alleged offence greatly undermined her complaint. Luckily, following our advice our client retained all data on his mobile phone and social media accounts, although it may not, at times, have painted him in the best light, it certainly did not suggest he was a rapist.
The Interview
The purpose of a police interview is to obtain evidence though questioning therefore, it is always very important an interview is conducted carefully with the suspects legal interests at the forefront of their representatives considerations when providing advice. We worked very closely with our client to meticulously prepare for interview, this included consideration of all content from his mobile phone, which he had saved prior to providing the handset to the police, review of all social media correspondence, taking witness statements, obtaining references and finally preparing representations. By the time of the day of the interview, we knew our client and we knew his case. We had built a strong rapport and worked hard enabling him to have the best representation he could have had.
Our client decided that he wanted to answer to his interview by way of a prepared statement. We prepared a 9 page statement which was read out in interview on our clients behalf. A statement which detailed the history of the complainant, our client’s sexual relationship with her, his partners involvement in this and the events which took place on the night in question leading up to the allegation being made, including his knowledge of the recording which the police at first instance were not willing to disclose.
A big risk was taken by the defence in disclosing the recording, because although our client knew of the damming recording as it had been provided to his partner on an earlier date, we were not sure whether this was the recording the police had. The client believed he had been recorded on multiple occasions that evening and the police could have had one of many recordings to disclose in interview.
Witness statements
Witness statements were obtained from our clients partner who also exhibited her correspondence with the complainant. Statements from people at the party attended by both complainant and our client were taken, and we also directed the police by telling them who they may want to speak to in relation to the allegations made.
Representations
At the conclusion of the interview we allowed the police to continue with their investigation for a number of months. We submitted representations when this case was ready for review. The purpose of pre-charge representations is to set out the defence case and to outline any evidential issues the Crown will have if deciding to prosecute the case. Our representations in this case summarised the police interview, but importantly also exhibited call logs, social media correspondence and text messages in support of our client. Following submission of the defence case, the matter did not even get to the CPS, which is a rare occurrence when such serious allegations are being alleged. On the face of it there was strong evidence (the recording) in this case to at least warrant a Crown Prosecutors review.
Prior to a case being sent to the CPS, the police send the case to a police gate keeper who takes a second review of the case and has the overall decision as to whether the case goes to the Crown Prosecution Service for a charging decision. Working with the police on behalf of our clients, putting their case forwards at an early stage, where it is in the client's best interests, is something PCD Solicitors believe results in the best outcomes. Had it not been for the legal advice and case preparation in this matter it could have easily gone to a Crown Court trial. Had our client followed the advice of the duty solicitor he very well now could have been serving a lengthy term of imprisonment.
Rape and potential Sentencing
Rape is the most serious sexual allegation that can be made. We deal with allegations of this nature on a daily basis and understand no two cases are the same.
Rape carries a maximum sentence of life imprisonment, with a sentencing range of 4-19 years imprisonment. It is a specified offence and therefore, what we call the dangerousness provisions apply. This means that upon sentencing of a person convicted of rape the judge can consider them a dangerous offender, meaning they would not be released from prison until they were assessed by the parole board and deemed safe to be amongst the public.
Cannot recommend highly enough *****
Jessica and Claire were both incredibly helpful in helping me defend myself against a false and particularly malicious allegation of attempted r-p-. Many other reviews mention "above and beyond" and I wish there were stronger words to express this sentiment. Jessica always made herself available whenever I needed reassurance ranging from legal to emotional, and acts in her role with a humanity and compassion that goes well beyond the excellent, savvy legal advice and direction she is paid to provide.
From the initial, free-of-charge assessment of my case (which served to note down crucial early details but happily even bordered on a therapy session - I stress again all for free) through my arrest and police interview, and leading to a decision of No Further Action – no charge whatsoever – I have felt equipped with the best defence I could have hoped for at all stages. The action my solicitors took was always swift and timely, and effective.
In what the police told me was a “relatively unique” situation, the services of a duty solicitor had been provided to me who essentially recommended that I plead guilty, even after spending quite a while explaining to him why I felt I had a strong defence. There can be no stronger indication of the quality of service PCD solicitors provide that Jessica immediately took over the case and dismissed that advice, and provided a proactive and effective defence that resulted in my case never even coming anywhere near a courtroom – as should always have been the outcome from the start.
I cannot recommend PCD solicitors highly enough and want to thank them again explicitly for the defence and support they have provided me in what is sometimes unfortunately an unjust world. You could not do better if you need defence against a false allegation.”
Should you, a family member or friend be facing a serious sexual allegation, please contact one of our lawyers for a free, non judgemental and confidential initial chat. Our lawyers will spend the time with you to explain the law, assess your options and provide their advice.