PCD Solicitors have successfully defended our client at the police investigative stage of their case, leading to no further action taken in respect of an allegation made by their sister, which concerned historic sexual abuse.
We were instructed by our client over 12 months ago, the case was handled by Jessica Wilson who drafted successful representations to the Senior Crown Prosecutor of the Rape and Serious Sexual Offences (RASSO) department at the Crown Prosecution Service (CPS). This particular department deals with all cases concerning serious sexual offences and the prosecution of those. Jessica raised complex evidential issues for the Crown and submitted supporting defence evidence, in doing so her representations were escalated to the most senior prosecutor within the department, who amongst others, could not meet the required two stage test required to charge our client.
What is the two stage test?
The two stage test is made up of two elements; the evidential stage and the public interest stage. A reviewing CPS lawyer, upon a review of the case must ask themselves firstly; is there enough supporting evidence in this case to put before a jury and secondly; is it in the public interest to prosecute. The answer to the latter question, specifically in sexual assault allegations, is that it is always in the public's interest to prosecute. However, whether there is a strong enough evidence which provides a real prospect of conviction is a more difficult stage to meet.
Our case - The Allegation
When our client approached us he had been accused by his younger sister of multiple sexual assaults, including rape. He was devastated and flawed by the allegations. Both parties by this time were adults and had shared what our client to believe to be many years of a happy familial relationship.
It was alleged that our client would sexually touch his sister when she was a child and he a teenager, and he would do this at any given opportunity. The complainant in this case described their mother as being an alcoholic and their father being severely disabled by multiple sclerosis giving her brother every opportunity to sexually abuse her. All allegations were denied in their entirety.
The investigation
The police have a duty to investigate all complaints, no matter how credible they may be initially. The investigation against our client started with him being contacted by the police and asked to attend a voluntary interview. A voluntary interview is a police interview under caution, it is exactly the same as an interview under arrest and all suspects whether attending voluntarily or under arrest are strongly advised to have legal representation. Our client did just that, and was represented by Jessica who had obtained pre-interview disclosure and prepared the client beforehand. The client gave the police a prepared statement, he then answered no comment to further questions. His prepared statement was detailed and answered the disclosure provided, it strongly denied the allegations.
Following the interview our client waited for 12 months whilst the police continued their investigation. Our team at PCD Solicitors remained in contact with the police throughout and maintained further disclosure as the case progressed. With each piece of disclosure we were able to prepare detailed representations to the CPS.
Our Representations
Jessica worked with the client over a long period to get to know him and his family. She took third party witness statements from family members and old friends of the clients, those who were present in his life at the time the allegations are said to have happened. She then collected photographs from the client, to support what he had told her throughout his instructions. Working together with the client, we put together strong representations that disproved every piece of disclosure provided to us by police, including evidence to disprove that their father was severely disabled with Multiple Sclerosis.
Jessica also pointed the police into the direction of making certain lines of enquiry with external agencies, such as the local council, DVLA and benefit office. All to establish applicable addresses, driving records and disability records. Work that without the right representation is rarely carried out at such an early stage.
The representations were provided to the investigating officer with supporting statements and exhibits. They were then provided to the CPS who liaised with Jessica over many months trying to establish further information. Eventually the case was passed to a Senior Prosecutor, they decided that upon consideration of the defence case put forward, there was not enough evidence to prosecute. Our client was elated and has now began to move on with his life.
Victims Right to Review Scheme
Our client was rightly advised that although a no further action decision had been given, the complainant had three months to request a review of this decision by exercising her right to review. However, given the level of seniority that had considered the representations prepared by us in this case, it was unlikely any review would result in an alternative outcome to no further action.
How can we help you?
At PCD Solicitors we pride ourselves on establishing a working relationship with our clients. It is important we get to know you so we can defend your case. If you would like to discuss an allegation that has been made against you, then please contact us for a free and confidential chat.