Rape – No Further Action – No Charges brought – 2022

Andy was instructed to act for his client who had previously been interviewed by Police in relation to an allegation of rape against his former partner. He had been represented by a different firm at the time of his interview and felt he had not done his case justice and received the incorrect advice in not answering questions.

Our client provided Andy with voluminous digital material in support of his defence, including the provision of text messages, WhatsApp messaging, social media, audio and video evidence.

After meticulous, painstaking and thorough examination of all the material and in light of taking further detailed instructions, it was clear that serious doubt was placed on the credibility of the allegation and the strength of the case against him and strong evidence pointing away from his guilt rather than towards it was available.

Often in sexual offence allegations, the evidence will often centre around one person’s word against another. As a result of the careful and pro-active analysis of all available evidence it was apparent that strong defence evidence was available, it was therefore in the clients’ best interests to provide this to police at the earliest stage possible to avoid charge and subsequent Court proceedings.

The evidence was then provided to Police and by them having the opportunity to carefully consider and review the evidence in context and with explanation, together with representations and additional witness details, The Crown Prosecution Service and Police reached a similar conclusion that there was not a realistic prospect of a conviction based upon an objective assessment of the evidence. The decision was therefore to take No Further Action against our client and no charges were brought.

Without Andy’s input our client may well have been charged, faced years of uncertainty and anxiety awaiting trial.

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