Rizwana Mahmood secures another acquittal in a case involving serious sexual offences

JC was charged with three allegations, Rape (x2) and Assault by Penetration. The complainant in the case was at the time of the alleged offences, aged 19. She claimed that they had known each other since school and had since spoken online and got on well with each other. However, they had not seen each other for several years, till they met in a nightclub one October evening. The evening progressed well and they both went back to her house, where sexual intercourse took place.

The Complainant stated that she initially consented to the sexual intercourse but because she found the sex ‘really painful’, she asked the Defendant to stop.

After stopping for a few minutes, he started to have sex with the complainant again, which she did not consent to. The complainant alleged that she cried throughout this ordeal.

She stated that once the Defendant left, she messaged a family member and a friend. The Prosecution alleged that the messages supported the case that the Defendant had raped and assaulted her. There was also medical evidence that was being relied on.

The Defendant denied that he raped or assaulted the complainant. He accepted that sexual intercourse took place but stated that all sexual activity was consensual.

The Prosecution relied upon selective messages to prove their case against the Defendant. We did not agree to this, and we pushed for disclosure of other messages. The Prosecution provided these and it assisted the Defence team to prepare the defendant’s case.

Barrister, Ms Rachael Shenton, was instructed by Whiterose Blackmans Solicitors. Ms Shenton is extremely experienced in such cases and after a week’s trial at Leeds Crown Court, the jury acquitted the Defendant of all the charges he faced. This was achieved by thorough preparation of the case, including seeking material the Prosecution did not wish to disclose and by thoroughly cross-examining the complainant.

In cases, like this, it is worth noting that the Prosecution will apply for a special measure’s direction, which means that the Complainant will be able to give evidence behind a screen. Therefore, avoiding her coming face to face with the Defendant.