No Further Action Taken on Rape Allegation - September 2023

Private Client – No Further Action Taken on Rape Allegation – September 2023

We made written representations on behalf of a client who was accused of committing rape. The evidence initially presented by the Police, asserted that our client raped the complainant at a party after her drink had been spiked at a party at our client's home. The complainant alleged that because of her drink being spiked, her memory of the night was quite hazy. She alleged that she did not remember how she got into bed with the client, but that she did remember having sexual intercourse with him.

For there to be a realistic prospect of convicting our client of rape, it would have to be highly likely that a criminal court would find that consent was not given. On this basis, we made representations to the Police that the sexual intercourse between the client and complainant was completely consensual and that there is a severe lack of evidence presenting the contrary. We stated that both parties had known each other prior to the date of the alleged incident, and that the complainant clearly implied that she wanted to engage in such activity.  

The Police responded in less than 2 weeks and agreed to take no further action on the allegation based on our representations. We were able to demonstrate that this was a case of consensual sex, and that alcohol or drugs did not stop the complainant from giving consent.

We are instructed regularly on a private basis by concerned clients from all walks of life to write to the police or call the police to get charges dropped. We usually make written representations to the police, and we ask that they read these before deciding to charge. We can ask that these be shown to the CPS if your case is pending a decision to charge you. Increasingly, the CPS are now asking the police in more cases if the suspect or lawyer has anything further to say before a charge is considered by the CPS lawyer.

https://www.jdspicer.co.uk/site/blog/crime-fraud/how-can-i-get-the-police-to-drop-charges-against-me

For more guidance on the issue of consent see the link for Rape Crisis UK.