False Rape Allegations | KANGS Secures No Further Action with Pre-Charge Engagement
The team at KANGS has successfully assisted our client secure the withdrawal of a false allegation of rape made by his former partner.
Mohammed Ahmed of KANGS outlines how this highly successful result was achieved.
Circumstances Surrounding the Allegation
Our client’s former partner alleged that at a time when she was asleep at their home, he had entered their bedroom and raped her. This allegation was made several months after the incident is alleged to have taken place.
Preparing a Strong Defence to False Rape Allegations
At a Police Interview, our client, on the advice of the duty solicitor who was assisting him, exercised his right not to answer the detailed questions put to him, and instead produced a brief Prepared Statement which partially outlined his position.
Following his release from custody on conditional bail, our client sought advice and guidance from KANGS and instructed us to prepare and present his defence to the allegation, which he vehemently denied.
Following receipt of his instructions, our team immediately conducted all requisite steps to prepare a comprehensive defence on his behalf, including:
- meeting him and discussing in detail the history of the relationship with his former partner and the circumstances leading to its termination. His views on why she was acting in such a belligerent manner, his current lifestyle and all other pertinent matters,
- carefully examining the material which had been served by the police, and all other relevant material,
- having considered our client’s position, advising upon the appropriate course to adopt, including the preparation and service of detailed Pre-charge Representations, together with a supporting bundle of written evidence to support his denial of the allegation,
- collating, examining and paginating all relevant material, including Statements from supportive Witnesses,
- maintaining pro-active engagement with the Police Officer in Charge.
The Pre-Charge Representations and Exhibit Bundle
The detailed Pre‑charge Representations and supporting exhibit bundle evidenced the following:
- our client was not present at the time and place when the offence was alleged to have taken place, for which evidence was obtained,
- the relationship between the parties had been long‑term, loving and, throughout this period, all sexual activity was consensual,
- they had attended multiple social events together following the alleged offence,
- the relationship ultimately broke down for reasons entirely unrelated to the allegation, in that they no longer shared common interests,
- they did not separate immediately following the alleged incident but continued their relationship for several months thereafter,
- following their initial separation, they made a brief attempt to reconcile which failed,
- although our client had been open and honest in explaining that, during the period of separation he had begun seeing other women, the final breakdown in the relationship appeared to follow this disclosure.
Ongoing Engagement with the Police in the Case
Following submission of the Pre-charge Representations and exhibit bundle, the team at KANGS maintained consistent and proactive engagement with the Officer in the Case throughout the remainder of the investigation, given that:
- there were concerns that the complainant would try and vary the timing of the alleged offence to a period during which our client was at home, in order to undermine his evidence which had been served,
- there existed an ongoing and deteriorating financial dispute between the parties, which our client alleged the complainant was manipulating to his unfair disadvantage.
The Highly Successful Outcome
Following a detailed review of all of the relevant documents, including the meticulously prepared Pre-charge Representations and accompanying exhibit bundle, the CPS accepted our client’s denial of the allegation in full and decided that no further action should be taken.
Rebuilding Life After False Allegations
Our client is greatly relieved at this highly rewarding outcome, which reflects his unwavering denial of the completely false allegation, following what has been a prolonged and highly stressful period. He is now able to focus on re-establishing stability in both his personal and professional life.
How Can We Help You?
At KANGS, we regularly advise and represent individuals facing allegations of rape, sexual assault, and other serious sexual offences, providing clear, practical guidance at every stage of proceedings during what is an extremely stressful and uncertain time.
Our assistance frequently includes attending voluntary interviews and police station interviews following arrest, carefully reviewing any pre interview disclosure, and advising on the most appropriate course of action to adopt.
Where appropriate, we will also engage directly with the police on your behalf and prepare detailed, and carefully considered pre charge representations where this is likely to assist, ensuring that your position is presented clearly.
If you are facing an allegation of a criminal offence and have been asked to attend a voluntary police interview, have been arrested, or have already been interviewed and either charged or released under investigation, our team is able to provide expert legal advice and representation.
Contact us using the details below to speak to an experienced solicitor.
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 video conferencing or telephone.
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