Client acquitted of rape

We acted for the defendant who was accused of rape and a series of fraud offences.

The prosecution’s case was that the defendant was an unlicensed mini-cab driver who gave the complainant a ride home, then entered her home address with her, and had sex with her when she was too drunk to consent. Their case was that they stayed at the address, and that he then stole her bank card and made purchases with it the following morning.

The defendant stated that both the sexual activity, and the taking of her bank card were consensual. He stated that she was not incapacitated by drink, such that they actually left the property and drove to garages to purchase mixers for more drinks. The defence sought telephone and ANPR data to evidence these trips.

The complainant had a limited memory, however, she recalled asking the defendant to be quiet on entering her address, so as not to wake anyone up. It was therefore not suggested that there was any forced entry. There was also evidence from her friend, whom she had a conversation with during the cab journey, who stated she did not seem too drunk during their conversation. In addition, the defence noted that the complainant’s initial complaint was regarding the fraud offences only.

The trial involved careful cross-examination of the complainant and friends of hers. The defendant was found not guilty of rape. He was found guilty by a majority in relation to the fraud offences.

Rachel Hobba was the solicitor with conduct of this case. She instructed Kaja Reiff Musgrove of Drystone Chambers.