Summary
While at a bar with friends, our client was accused of three counts of sexual assault. The complainant claimed that our client had wrapped his arms around her and touched her inappropriately. Our client denied this firmly. Although he had been speaking with the complainant throughout the night, he asserted that on no occasion did he touch her sexually or inappropriately. Managing Director Nick Titchener represented our client on a private basis and provided specialist legal guidance throughout the entire process. Due to Nick’s diligence and thorough preparation ahead of trial, two of the counts were dismissed at court, with a not guilty verdict secured with the third.
In Depth
Initially represented by different solicitors at the police station investigation stage and his first court hearing, our client transferred to Lawtons where he received the best possible legal guidance from Nick Titchener. The alleged assault took place in December 2022, where the complainant claimed that after multiple instances of sexual assault she had reported our client to security. Our client was then escorted out and the complainant reported that he had shouted angrily while leaving.
Our client denied the charges and maintained that he had a good recollection of the evening and had not been so intoxicated that he didn’t know what he was doing. Our client’s account was that he had been speaking with the complainant casually throughout the night when her attitude towards him suddenly switched. When asked to leave by security, he left calmly and without arguments.
Our client’s case was not assisted by the fact that he had not provided a detailed account or denial in his police station interview when represented by the duty solicitor.
However, in preparing the case for trial, Nick conducted thorough investigation into the CCTV footage from the bar, instructing an expert to enhance said footage. In doing so, it was revealed that the complainant’s account did not align with the events captured on CCTV. At the time of the alleged assault, the complainant and her friend were seen to be laughing and there didn’t seem to be evidence of the assaults taking place. Furthermore, the accounts given in interview by the complainant and her friend did not align, revealing more inconsistencies in the prosecution’s case.
Nick wrote a thorough letter to the Crown Prosecution Service (CPS) outlining these details, urging them to discontinue proceedings as these findings greatly undermined the crown’s case. Despite continuously chasing up the CPS on this matter, it took nearly six months for Nick to receive a response. When the CPS finally replied, they rejected the representations and decided to proceed to court regardless.
The case was seen at Woolwich Crown Court where our client was represented by Barrister Alex Matthews of 9BR Chambers. Following the evidence being heard from the complainant as part of a four-day trial, submissions of no case to answer were made in relation to counts one and three. Due to the strength of our application and the inconsistencies in the prosecution’s case, this submission was successful, and those two counts were formally dismissed. This left one count to be determined by the jury.
Following the evidence given by our client and the strength of the legal arguments submitted by our team, the jury returned a not guilty verdict in relation to the remaining count, bringing the case to conclusion. Our client was very grateful for the outcome that our team had achieved on his behalf and for their diligence throughout the preparation period.
Contact Us
Have you or someone you know been accused of a similar allegation? At Lawtons, we believe in ultimate discretion and always aim to secure the best possible outcome for our clients. Contact our specialist team today on 0333 577 0522 or visit our enquiries page.
