Another Rape Defence Success for Lewis Nedas

January 11, 2010 by Lewis Nedas 

Leila Abdul-Rasool represented a client on 10 December 2009 at Inner London Crown Court who was acquitted by unanimous verdict of attempted rape and indecent assault after a fully contested trial. At the time of the incident the client was 19 and the victim 14 years. Old law applied to the case as it pre-dated 2003 Act.

It was a historical allegation – the client came to be arrested five years after incident. He had a minor altercation with his wife that was not proceeded with, but he was discovered wanted by a DNA match. He spent three months in prison before being bailed. Due to the nature of the offence, Social Services became involved with his family and he was not allowed unsupervised contact with his children.

The complainant gave a number of different accounts. A basis of plea that they had had sexual contact (kissing and hugging) which was consensual was put forward, on which the Prosecutor sought the views of the victim. She said that she did not agree, but would accept the basis. This was relayed to the judge who then threatened to have the victim arrested for perverting the course of justice. The following day the Crown said that they would be proceeding to trial on both counts, after which the client was unanimously found not guilty.

Counsel was John Femi-Ola of 3 Temple Gardens.

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