Unanimous not guilty verdict following 5-day trial

Our client was charged with rape and voyeurism. The incident arose after police were called by the complainant’s friend alleging the complainant had been spiked and raped having met a stranger in Hyde Park. Following his arrest and interview, our client’s phone was seized and downloaded. On the device a video of the alleged rape was found leading to the second count of voyeurism.

Our client professed his innocence from the outset of his at police station interview. The complainant could recall little of the evening and toxicology reports showed no drugs were in her system. She accepted meeting our client and enjoying his company and going to her address. We successfully applied for any references to spiking to be disallowed during trial as they were not substantiated.

We obtained our clients asylum and medical records, and commissioned a psychological report which found he had diagnoses of complex PTSD and ADHD. He was highly vulnerable having suffered torture and been hospitalised due to his mental health on multiple occasions.  We ensured that appropriate measures were put in place by the Court to allow him to give his best evidence. We held numerous conferences with our client to prepare him for the difficult process of giving evidence. We fought to ensure that the Court had a trial with the barrister with whom he trusted and built a rapport, despite pressure from the Court to go to trial with an alternative barrister with more availability.

Following years of preparation, trial commenced in July of 2024. Following the prosecution’s case, we made an application of no case to answer on the basis that the video could show that our client had reasonable belief of the complainant’s consent and that she was not incapacitated. This was unfortunately rejected by the Judge. Our client gave evidence and we gathered character witness statements which were read to the jury.

The jury deliberated the case in just under three hours before our client was acquitted unanimously of both counts.

Our client was incredibly pleased with the outcome and commented the following:

‘I had an outstanding experience working with the legal team of Phoebe, Natasha and Clea. From the very beginning they made me feel at ease, providing exceptional support and guidance throughout my entire case. Their professionalism and dedication were evident at every step, and I always felt assured they were working tirelessly on my behalf… They kept me informed and reassured throughout the entire process, making sure I understood what was happening and felt involved in every decision…I truly felt like a priority and appreciated the personal attention I received.”

Phoebe Coleman was the solicitor with conduct of this case. She was assisted by her paralegal, Natasha Hardaker. Phoebe instructed Clea Topolski KC of Crucible Chambers, who provided outstanding client care and compassionate representation throughout the proceedings.