Acquittals secured for client charged with sexual assault and criminal damage
Our client was charged with two counts of sexual assault on two women who were his neighbours. He was also charged with three counts of common assault and one count of criminal damage.
The case was complicated by the fact that our client had a long history of mental health issues and learning difficulties.
It was apparent from the moment that our client was arrested that he was struggling with his mental health. We instructed two psychiatrists to assess our client’s fitness to plead and stand trial in the Crown Court. Both experts concluded that our client was unfit to plead and stand trial as he presented with established diagnoses of mild intellectual disability, non-organic psychosis, and recurrent depressive disorder. Following the reports the Court agreed that the appropriate procedure should be a trial of issue in which the jury would be asked to decide whether our client had committed the ‘act’ elements of the alleged offences.
After a two-day trial, our client was acquitted in respect of the two counts of sexual assault and one count of criminal damage. He was convicted of the three common assault counts and the Court deemed the most appropriate sentence in the matter to be an absolute discharge. As such, our client avoided any convictions for sex offences and registration requirements, and did not have to serve any sentence in respect of any of the offences.
The client felt supported during the preparation of the trial. His sister stated:
“….I wanted to thank you all for your help in dealing with my brother’s case. I realise that it has been extremely difficult to work during a pandemic, but you kept the line of communication open with us.”
She also expressed her satisfaction with Counsel, noting her amazing articulation skills and presentation.
This case was prepared by Head of Litigation Amy Cox, who was assisted by paralegal Grace Khaile. Jessica Clarke of 9 Bedford Row Chambers was instructed Counsel.
