Chloe Carvell secures an acquittal for her client (youth at the time) charged with rape x2 and causing a female aged 13 to engage in non-penetrative sexual activity, retaining his good character.
The defendant was 15 years old, and the complainant (defendant’s girlfriend) was 13 years old at the time of the alleged offences. By the time the case got to trial in the youth court, the defendant was 18 years old and the complainant 16 years old. The defendant required an intermediary throughout the trial due to his vulnerabilities, which added a further layer of complexity to the proceedings.
The alleged incidents were said to have taken place in the defendant’s bedroom in 2022. The defendant faced two charges of rape on the same day in January 2022 and another charge relating to forced masturbation in February 2022.
The issues raised at trial were consent, belief in consent and the reasonableness of it. The complainant alleged that she was too drunk in January 2022 to consent to sexual intercourse and was either falling asleep or unconscious. She also alleged that in February 2022, the defendant forced her to masturbate him.
Trial preparation included a review of the defendant’s phone download, which was over 50,000 pages. Messages relied upon supported a continued relationship and ongoing contact between the defendant and the complainant after the alleged offences.
Careful cross-examination of the complainant revealed that in January 2022, she remembered certain things before and during sexual intercourse and that the defendant did stop intercourse when she asked him to. Submissions made to the court in closing included that whilst the complainant may have consumed alcohol, she was not incapable of consenting and that her behaviour supported consent and the Defendant’s reasonable belief in her consent on both occasions.
The defendant was acquitted of all three charges, retaining his good character.
Chloe was instructed by Waterfords Solicitors.
Chloe Carvell profile ➡️ https://lnkd.in/eEBi8vbQ
To instruct Chloe or discuss her practice, please contact David.Cox@15nbs.com or Poppy.Maddison@15nbs.com
