No Further Action for Father Falsely Accused of Sexually Assaulting His Daughter
Eventum Legal have successfully defended, at the pre-charge stage
of the case, a father who was falsely accused of
assault by penetration.
The complainant was his biological daughter who was nine years old at the time the offence was alleged to have taken place. Pre-charge engagement with the police and Crown Prosecution Service (CPS) is a critical phase where strategic legal actions can influence the outcome of a criminal investigation before charges are formally authorised.
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This was a particularly complex and very sensitive case, with various issues to consider which dated back to when the child was born, and the relationship issues that had arisen between the father and the mother throughout their relationship and beyond. It was quickly established that this was clearly a case of a woman scorned who had gone to great lengths to ostracise the father from his daughters life, and had fabricated serious allegations which have no doubt harmed their child, our client and his relationships with his children for the foreseeable future despite our success in ensuring he was not charged with any offence.
Case Summary
In 2022 our client was arrested on suspicion that he committed an offence contrary to section 2 of the Sexual Offences Act 2003; Sexual Assault by Penetration. He was represented by the duty solicitor during his police interview
but then instructed our Managing Director, Jessica Wilson, to represent him and defend his position whilst the police investigation
continued.
Jessica met with our client and his partner upon instruction and spent as much time as possible discussing the allegations, our client's background and current circumstances. It was very quickly established that this was a case whereby a toxic environment had been created following the break down of the father and mother's relationship, the father meeting his new partner and starting a family. The complainant's mother had a long history of mental health issues, which we were able to evidence throughout our representation, and amongst other key facts this assisted us in proving that this allegation was false, malicious and the child had been encouraged to "go along with it" due to the fear that she would no longer have her mother if she did not.
Whilst the investigation was ongoing our client was subject to bail conditions
which prevented him from living at home with his partner and their young son. We dealt with bail conditions to allow our client to live as normally as possible during the case, but were honest and realistic from the outset with regard what could and could not be achieved in such a case.
Our Approach
Having built a relationship with the client and gained a thorough understanding of the history we put in to place a plan of action with the aim being to avoid our client facing criminal charges. We took the role on as not only criminal defence lawyers but also investigators, making enquiries and gathering as much information and evidence as possible to strengthen our client's position. This information was then submitted to the police and Crown Prosecution Service (CPS) by way of a pre-charge representation
defence bundle.
Communication
The communication with our client enabled us to establish various lines of enquiry for the defence case, potential weaknesses a prosecution was likely to have, and defence witnesses which would be vital to our client's case. We pride ourselves on our approachable and down to earth nature, making discussing sensitive and sometimes embarrassing topics easier for our clients.
Throughout the investigation Jessica had an open line of communication with the investigating officer, and was able to pro-actively liaise with the police raising key points and issues which leant in our client's favour. Having this line of communication with the police and rapport is essential during pre-charge engagement.
In this particular case issues arose during the investigation for our client which were pivotal in assisting our argument that the complainant's mother and her family were acting maliciously towards our client, this included them making multiple unrelated reports to the police during this investigation. Our ability to communicate with the police meant that all of these issues were investigated and taken into consideration by the team who were involved in the sexual assault allegations.
Witnesses
We contacted witnesses on our client's behalf and took formal statements from them. These witnesses provided supporting evidence in respect of the mother's behaviour towards the child and what seemed to amount to emotional abuse, the lack of disclosure at any other stage in the child's life, and the positive relationship she had shared with her father up until this complaint where contact was stopped.
Third Party Records (School and Social Services)
Our team obtained third party records from the daughter's school and documents from Social Services. This material demonstrated the relationship issues between mother and father, and lack of disclosures or concerns regarding the father's relationship with his child.
Social Media Interactions
What was a concern for our team was that the child did not seem aware that her mother had made the allegation to the police, the child had continued to engage with her father via social media after the report to police had been made, as if nothing had happened expressing her wishes to go on holiday with him and his new family, asking questions about her baby brother. It seemed she had no awareness that a complaint had been made to the police. We gathered all of the social media interactions and presented them alongside our representations.
Photographs
The mother had informed police that the child had made allegations to her some time before she made the decision to report the matter to the police. Despite such serious disclosures made by a young child the mother and her family had our client at their home over Christmas and to visit his children. Luckily our client had photos of his visits to the their family home which showed his children playing with him and sitting on his knee, this undermined in its entirety that the child had told her mother that her father had sexually assaulted her.
Pre Charge Representation
We drafted pre-charge representations and evidenced each point with the information we had gathered. During the police investigation and the critical
pre-charge engagement process,
it is uncommon for the CPS to hear from defence solicitors. However, at Eventum Legal, presenting the defence and prosecution cases to the CPS is essential in ensuring a fair decision-making process. We can influence the outcome by highlighting potential challenges in the prosecution’s case and presenting your story, as we successfully did in this case.
Pre-charge representations would not be suitable in all cases, ensuring you seek advice from an experienced criminal defence lawyer is essential, so that the advantages and disadvantages to serving representations can be considered.
The Outcome
Allegations of a sexual nature often take a considerable length of time, particularly where they concern a child and various complex family issues. This case would have also gone through various levels of review, from different police departments to the highest specialist rape and serious sexual assault review lawyers within the CPS. Therefore, our client did have an unavoidable agonising wait whilst we worked on his case. However, with the support from our team and the reassurances given he got through this incredibly difficult stage and was informed on Christmas Eve that the case was being no further actioned.
We are extremely pleased for our client and his family, but appreciate that the investigation, arrest and stigma attached to such an offence will continue to have detrimental impact on him for the foreseeable future.
How We Can Help
If you have been accused of a sexual offence then speak with our approachable and experienced team. Regardless of the stage your case is at we will apply a pro-active strategy to ensure we achieve the best possible out come for you. Our advice is always honest and realistic so you know exactly where you stand from day one.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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