Siobhain also successfully represented an undergraduate at one of the Country’s leading Universities, who was alleged to have raped another undergraduate. The matter, at the Complainants request was tried before the University Disciplinary Committee.
This was a particularly difficult and sensitive matter, against a background of increasing awareness of sexual violence at Universities in the UK, and recent research from Cambridge University which concludes that the majority of Universities ignore complaints of sexual abuse and violence.
Our client was adamant that he understood that the complainant gave consent when they had sex, and denied the allegations which he faced, in full from the very beginning of the process.
After a lengthy hearing before the Disciplinary Committee he was acquitted of the allegation of rape. The excellent Dee Connolly ( 33 Bedford Row) was his advocate.
Had he been convicted of this allegation, he would have been immediately excluded from the University and would have found it extremely difficult to have found another place at a University in the UK.
It is likely that Universities will have to deal with more of these serious allegations, despite the fact that they have little experience of these issues, and that their processes and procedures are generally inadequate - in essence they will have to deal with serious criminal allegations that are generally investigated by specialist police and tried by Crown Court Judges and juries.
In this particular case, the University was anxious to ‘ rush through ‘ these proceedings, and initially failed to grasp that they had an equal duty of care both to the Complainant and to the accused.
These allegations are best defended by specialist Criminal Defence lawyers and advocates ( not Education lawyers ), cross examination of the Complainant is subject to defined restrictions and has to be carried out in a sensitive and delicate manner ( as per procedure in the Crown Court )
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