Strategic Pre‑Charge Intervention Stops Wrongful Rape Prosecution

The Client

Our client was arrested in late October 2023 following an allegation made against him after a night out. He had no previous experience of being in conflict with the law and suddenly found himself facing the most serious of accusations.

The Allegations

The complaint alleged that he had raped a woman he had met during a night out, coercing her into performing oral sex against her will. The allegation carried with it the prospect of a Crown Court trial for rape, a charge that can destroy reputations instantly and leave a permanent mark regardless of the outcome.

Our Strategy and Work

We acted without delay to take control of the case at the pre-charge stage. Our objective was clear: to prevent this allegation from progressing to court.

We dismantled the complaint by exposing fundamental inconsistencies within the complainant’s own account, including her behaviour and statements immediately before and after the alleged incident. Crucially, we secured contemporaneous video evidence: five separate clips recorded during the evening in question. These showed the complainant laughing, dancing, and willingly engaging in sexualised behaviour with our client both before and after the alleged assault was said to have taken place. This visual evidence was irreconcilable with her claim that she had been coerced.

We drew directly upon the CPS’s own guidance on consent, demonstrating why the complainant’s conduct and communications supported our client’s reasonable belief that the activity had been consensual. At the same time, we challenged the complainant’s credibility, pointing to evidence of previous false allegations and inviting the police to conduct appropriate disclosure checks into her reliability.

We also stressed our client’s good character. He had no previous convictions, was in full-time employment with significant responsibility, and was entitled to the protections that the law affords to those of good character in assessing both evidence and credibility.

Our representations provided a clear, structured basis upon which the police could conclude that the evidential threshold had not been met and that proceeding further would be both unsafe and unjust.

Outcome

The police and CPS accepted our submissions. The investigation was closed, and no charges were brought. By intervening at the right time and deploying the video evidence effectively, we prevented a prosecution that would have placed our client under the irreparable weight of a rape charge.

Comments from Jared McNally

“Rape allegations are among the gravest charges a person can face. Once charged, the damage is often irreparable, regardless of the eventual verdict. In this case, the videos told the true story, not the allegation. By putting them before the police at the right time, we dismantled the case and prevented a charge that would have destroyed our client’s life.” — Jared McNally, Clifford Johnston & Co.

Clifford Johnston & Co is a leading Criminal Defence Firm in specialising in Pre-Charge Representation, based in Manchester and representing clients across England and Wales on a privately funded basis. We provide strategic advice and robust advocacy during the early stages of a Police Investigative Defence when your liberty or reputation is under threat.