Pre-Charge Representations – Ex-Partner Allegations of Rape & Coercive Behaviour

The Client

Our client was arrested following allegations made by his former partner. She alleged that, during their relationship, he had raped her and engaged in a pattern of controlling and coercive behaviour. The police treated the matter as one of the utmost seriousness, given the combination of sexual offence and domestic abuse elements.

For our client, the consequences of a charge would have been devastating: not only the prospect of a Crown Court trial and custodial sentence, but also permanent reputational harm in both his personal and professional life.

Our Work and Strategy

We prepared a detailed pre-charge engagement letter which challenged the allegations at every level, focusing on credibility, context, and the legal framework governing the offences.

A central strand of our approach was to confront the complainant’s credibility. We identified inconsistencies between her accounts to the police and her wider behaviour during and after the relationship. Particular weight was placed on the way in which her allegations escalated in seriousness over time, raising clear questions as to their reliability.

We addressed the issue of consent and reasonable belief directly. The evidence demonstrated that sexual activity within the relationship had been consensual, and there was nothing in the contemporaneous messages, conduct, or witness accounts to support any suggestion of coercion or absence of consent.

In relation to the allegations of controlling and coercive behaviour, we demonstrated that the evidential threshold was not met. The material did not establish a course of conduct capable of amounting to coercion or control within the meaning of the legislation. What was presented by the complainant as criminal behaviour was, on proper analysis, the ordinary dynamic of a difficult relationship, retrospectively reframed.

We reinforced this with supporting material, including text communications, social interactions, and other records, all of which painted a picture fundamentally inconsistent with the complainant’s claims of fear, domination, or control.

Finally, we addressed the Full Code Test, making clear that the evidential stage could not be satisfied. Even taking the complainant’s account at its highest, there was no independent or reliable evidence capable of proving the allegations to the criminal standard.

Outcome

The police accepted our representations. The investigation was closed, and no charges were brought. Our client was spared both the criminal process and the reputational damage that would inevitably have followed a charge.

This case illustrates the importance of early, forensic engagement in ex-partner allegations. Where cases rest heavily on one account, credibility becomes decisive. By exposing inconsistency, presenting contrary evidence, and forcing investigators to confront the evidential weaknesses, pre-charge representations can determine the outcome before proceedings ever begin.

Final Comment of Jared McNally

“Allegations of rape and coercive control between former partners are some of the most challenging cases we face. Once charged, the damage is irreparable, regardless of outcome. By intervening early, exposing the flaws in the complainant’s account, and setting the record straight, we achieved the only just result, namely no charge.”

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.