Not Guilty - Rape - Birmingham Crown Court 2023

Our client was found not guilty of an alleged rape that had taken place on a Friday evening in Birmingham.

The victim had been out partying with her friends and had then left the club where the party had taken place. The complainant had headed towards a petrol station where she had met with our client.

Our client recognised the complainant from school, and they started to talk, and she wanted to go with our client. Our client stated that at no stage did the complainant make it clear to him that she did not want sexual activity to take place. She encouraged the defendant.

The complainant set out in her interview that she made it clear that she did not want to have sexual intercourse with the defendant and that she repeatedly said “no” to him. 

There was initially CCTV footage seized from the petrol station where both the defendant and the complainant met and had then both walked off together. This CCTV was not available at court and had this CCTV been available it would have shown the demeanour of the complainant being happy in our client’s company and walking off with him.

During a 3-day trial at Birmingham crown court sensitive cross-examination of the complainant took place and a persuasive closing speech was delivered to the jury.

We advised our client on the benefits of Section 41 of the Youth Justice and Criminal Evidence Act 1999 which provides protection to complainants in proceedings involving sexual offences by restricting evidence or questions about their previous sexual history by or on behalf of the accused, subject to exceptions and with the leave of the court.

We were able to show that this was consensual sex whilst consent could be given, and that some alcohol or drugs had not stopped the complaint from giving consent.

Representation by specialist solicitors for rape allegations is essential.