Overjoyed Client | Acquittal of Sexual Misconduct Allegations
KANGS has successfully defended a client who has been tried at Stafford Crown Court for various alleged offences of Sexual Assault.
Helen Holder of Kangs Solicitors reports on this very successful outcome achieved for our client.
The Allegations
Our client was charged with three offences of sexual assault under section 3 of the Sexual Offences Act 2003 and one offence of assault by penetration under section 2 of the same Act.
All offences were alleged to have been committed against the complainant on a day in May 2021 when, allegedly, during a photoshoot our client had committed sexual acts involving penetration and touching.
Our client strenuously denied the complainant’s allegations that such activity took place without her consent.
The Relevant Law
Sexual Offences Act 2003
Section 2.
In order to prove the offence of assault by penetration, the Prosecution has to prove sexual penetration with a part of the defendant’s body, or anything else, when, at the time of the penetration, the complainant does not consent and the defendant does not reasonably believe that consent has been given.
Section 3.
A sexual assault is committed if the Prosecution proves that there was deliberate touching that was sexual.
An assault is sexual if a reasonable person would consider it obviously sexual, or by its nature and circumstances would regard it as sexual.
The Prosecution must prove the complainant did not consent to the touching and the defendant did not reasonably believe that consent had been given.
Potential Defence
As shown above, in order to prove that an offence has been committed, the Prosecution must show that consent was not given or that the defendant did not reasonably believe that it had been given.
Sexual activity is consented to if:
- It is given by choice with the freedom and capacity to make that choice
- No force or violence has been used or threatened
It does not have to be proven that the complainant resisted or protested.
Reasonable belief in consent
When considering its verdict, it may be necessary for a jury to decide whether or not the defendant was truthful in maintaining the belief that consent had been given and in so doing must decide:
- Whether or not the defendant genuinely believed that the complainant had consented to that sexual activity, and
- If so, was this belief reasonable?
In order to answer the above questions, the jury will have consideration of all the circumstances of the particular case. The law in this respect leaves it to a jury to decide on the facts of each case whether a defendant’s belief in consent was reasonable or not and whether a lack of reasonable belief in consent by the defendant has been proven by the prosecution.
How We Prepared For Trial
By way of preparation for the Trial, the Team at Kangs Solicitors:
- Examined and analysed in full the Prosecution served material
- Attended our client taking his instructions in detail
- Prepared our client’s detailed Proof of Evidence
- Advised our client on his position and the appropriate course to adopt
- Represented our client at all Court Hearings
- Obtained and examined all available material (including the material the prosecution was not relying on to prove its case) and attending at a police station to examine material
- Obtained Character References which supported our client
- Identified and instructed Counsel of the highest calibre and attended conferences with both our client and counsel preparing for trial
The Trial
At the conclusion of our client’s Trial, the jury retired and returned in order to deliver unanimous verdicts of ‘Not Guilty’ for all charges within an hour, demonstrating total belief in our client’s innocence.
Our client, an elderly male, who was of good character with no previous convictions was absolutely delighted with the result and said:
Helen Holder handled my case from beginning to end in a skilled and professional manner, attending to every detail and guiding me through the procedures. In addition they provided a high level of personal support at a time of great personal stress. I have no hesitation in recommending them.
He is now able to continue his life free from the fear of a potential custodial sentence and which he had endured throughout these proceedings.
Who Can I Contact For Help?
If you are being investigated or prosecuted, or anticipate being so, in respect of any alleged criminal offence of any nature, including those relating to alleged sexual misconduct, please do not hesitate to contact the Team at Kangs Solicitors.
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.
If we can be of assistance, please 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.
