Delighted Client | Unanimous ‘Not Guilty’ Verdict
KANGS Solicitors has successfully defended a client tried at Worcester Crown Court for alleged rape.
The trial, which concluded on 1 July 2021, has been reported in the press and can be followed on the following links:
Helen Holder reports on the excellent outcome achieved.
The Allegation
Our client was charged with a single count of rape alleged to have occurred on the 27 October 2019 against his partner at the time who alleged that he had sexual intercourse with her without her consent.
The Law
The Sexual Offences Act 2003 states:
- Rape
(1) A person (A) commits an offence if:
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Our Client’s Defence
Whilst our client never denied that sexual intercourse had occurred, he believed that it was taking place with consent of his then partner in accordance with all previous sexual activity within their relationship.
The law makes it clear that a jury should not find our client guilty if he had a reasonable belief that his partner was consenting.
How We Prepared Our Client For Trial
By way of preparation for Trial, the Team at Kangs Solicitors, inter alia:
- Critically analysed the Prosecution evidence and all associated documents
- Attended our client taking his instructions on all of the evidence served by the Prosecution and ascertaining his version of the circumstances
- Prepared our client’s detailed Proof of Evidence and advised him how to proceed with his defence,
- Obtained detailed Character References which supported our client
- Prepared and pursued all requisite procedural court applications including applying successfully to allow cross-examination regarding previous sexual behaviour under section 41 Youth Justice and Criminal Evidence Act
- Identified and instructed Counsel of the highest calibre, Robert Morris, and attended conferences with both our client and counsel preparing for trial
The Successful Hearing
The Trial began on Monday 28 June, and the Jury was presented with the Closing speeches on Wednesday afternoon.
The Jury retired on Thursday morning to consider its verdict and immediately returned to the court within ninety minutes to deliver a unanimous verdict of ‘Not Guilty’.
Needless to say, our client was absolutely delighted that the Jury had totally believed his innocence of the allegations made, as evidenced by the speed with which every member had reached a not guilty verdict, and which had created enormous stress and unhappiness in his life.
He is now able to rebuild his life freed of the fear of possible imprisonment and the stigma of being a sexual offender.
Who Can I Contact For Help?
Our expert 24/7 Rapid Response Police Station Team is here to assist you on 0798 952 1210 should you require advice and assistance out of office hours.
Hamraj Kang leads an award-winning team of lawyers nationally recognised for its excellence and expertise in the area of sexual offences investigations and prosecutions.
We welcome enquiries contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
