Pre-Charge Representations – Alleged Rape

The Client

Our client was arrested on suspicion of rape following an incident in late October 2023. It was alleged that he had coerced a woman he met on a night out into performing oral sex against her will. He faced the immediate and serious risk of charge and prosecution in the Crown Court, with all the personal and professional consequences that accompany such an allegation.

Our Work and Strategy

We intervened at the pre-charge stage and prepared detailed written representations on his behalf, focusing on the evidential weaknesses at the heart of the allegation.

Central to our approach was a careful analysis of the complainant’s account. We identified material inconsistencies, including discrepancies between her allegation and her own behaviour and statements before and after the alleged incident. These issues went directly to credibility and reliability.

We reinforced this by deploying contemporaneous video evidence. Five separate clips from the night in question showed the complainant laughing, dancing, and engaging willingly in sexualised behaviour with our client both before and after the alleged incident. This evidence was fundamentally inconsistent with any suggestion of coercion.

We also addressed the legal framework on consent and reasonable belief, applying the CPS’s own guidance to the facts. The complainant’s conduct and communications provided a clear evidential basis for our client’s belief that any sexual activity was consensual.

In addition, we challenged the complainant’s credibility more broadly, drawing attention to previous allegations said to have been made and inviting the police to pursue appropriate disclosure enquiries. We further emphasised our client’s good character: he had no previous convictions, and was in full-time employment in a position of responsibility.

Outcome

The police and the CPS agreed with our representations and concluded that there was no realistic prospect of conviction. No charge was brought.

This case demonstrates the decisive impact of early, strategic intervention. Where consent is in issue, contemporaneous evidence and disciplined analysis of credibility can shift the evidential balance. By forcing investigators to confront the weaknesses in the allegation at an early stage, we secured the only outcome that mattered.

Comment 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.”

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.