Delighted Client | Acquittal of Alleged Historic Sexual Offences
Kangs Solicitors has successfully defended our client, a thirty-year old self-made business man, who faced charges at Stafford Crown Court for alleged historic familial sexual offences.
Helen Holder reports on this highly successful outcome.
The Allegations
- In 2019, our client’s younger sisters reported to the Police that on numerous occasions between 2003 and 2008, whilst they were children aged under 13, our client, a child himself at the time, had orally and vaginally raped them.
- Our client attended a Voluntary Interview at the Police Station in mid-2020 without being legally represented.
- Our client was charged in 2022 and immediately sought our assistance.
The Relevant Law
Due to the fact that one of the Complainant sisters was not certain when the alleged offences occurred, the Prosecution charged alternative offences as the period for the alleged offences crossed the dates for the ‘old’ and ‘new’ Sexual Offences Acts.
Under the Sexual Offences Act 1956, non-consensual penetration of the mouth with a penis was not classed as rape and was charged as an Indecent Assault. However, from 1 May 2004, non-consensual penetration of the vagina, anus or mouth is now charged as rape under the Sexual Offences Act 2003.
Sexual Offences Act 1956:
Indecent Assault – Section 14 states:
‘It is an offence, subject to the exception mentioned in subsection (3) of this section, for a person to make an indecent assault on a woman.’
Sexual Offences Act 2003:
Rape of a child under 13 – Section 5 states:
‘(1) A person commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b) the other person is under 13.’
Preparation for Trial
Our client vehemently denied that he had sexually assaulted either of his sisters by any means at any time.
By way of preparation for the Trial, the Team at Kangs Solicitors:
- Analysed in full all the Prosecution served evidence
- Pursued detailed and numerous requests for Disclosure of Unused Material, all of which was meticulously scrutinised
- Attended our client taking his detailed instructions on all of the evidence and unused material served by the Prosecution and recording his version of events
- Prepared our client’s detailed Proof of Evidence and Comments on the Prosecution evidence,
- Advised our client in detail upon his position and the future conduct of his defence
- Represented our client at all Court Hearings
- Attended Defence Witnesses obtaining statements
- Identified and instructed Counsel of the highest calibre and attended all requisite conferences with both our client and counsel whilst preparing for Trial
- Prepared and served a detailed Defence Case Statement which outlined our client’s position
- Conducted thorough investigation into, inter alia, details of the house in which the offences were alleged to have occurred
- Prepared a comprehensive Defence Jury Bundle and agreed facts with details of the property history and photographs
- Attended with our client throughout the Trial
The Successful Outcome
A full Trial was conducted at Stafford Crown Court during which time all of the evidence was presented to the Jury and all witnesses from both sides were comprehensively examined and cross examined upon oath by counsel for both parties.
At the end of this intense Trial and despite the detailed considerations laid before the Jury for consideration, it took the Jury little more than two hours to return to the court and declare its unanimous ‘Not Guilty’ verdicts to all of the charges, clearly indicating the extent to which the allegations against our client were disbelieved.
Naturally, our client was delighted with the unanimous verdicts which totally exonerated him and supported his vehement denial of any wrongdoing from the outset.
Who Can I Contact for Help?
Our nationally recognised Criminal Sexual Offences Defence Team is here to assist you and is available 24/7 on telephone number 0798 9521 210.
We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester. Alternatively, we provide initial consultations by telephone or video conferencing.
If we can be of assistance, please do not hesitate to contact our Team through any of the following:
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.
