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Four Sexual Offences Trials with Not Guilty Verdicts where the Disputed Issue was Consent
For those accused of sexual offences, it is more important than ever to be defended in criminal proceedings by an expert and specialist Criminal Defence Team. As more and more State resources are dedicated to increasing the conviction rate in rape cases, we look at a selection of our cases where we successfully defended our clients in trials for rape and assault by penetration where the issue was consent. These cases cover a wide range of situations, from people accused of sexual offences following a night out, to a serving police officer accusing a client of historic sex offences within their relationship.
Broadly speaking, when people are prosecuted for offences such as rape, assault by penetration, and sexual assault, the defence is either ‘it did not happen’, or ‘it did happen, but it was consensual’. There will, on occasion, be other issues for a jury to decide, but these two defences are the most common. It is unusual for there to be eyewitnesses to such alleged sexualised criminal behaviour and so it is usual for these trials to come down to one person’s word against the other; a complainant against a defendant.
There is often a lot of Press coverage about increasing the conviction rate in sex cases, rape trials in particular. It is very common for Governments to develop policy focused on improving conviction rates and the Crown Prosecution Service (CPS) has a specialist department, the Rape and Serious Sexual Offences Unit (RASSO) dedicated to prosecuting these offences. You can read more about what the CPS is doing to increase the conviction rate for sexual offences and the resources it is dedicating to this aim in its 2025 RASSO strategy document.
Given the enhanced focus on, as the CPS states, ‘ensuring the right person is prosecuted for the right offence’ it can be extremely harrowing for someone who is accused of a sexual offence they say they did not commit. With the well-resourced State working to successfully prosecute individuals, a defendant accused of a sexual offence needs an experienced, committed, and expert Criminal Defence Team to represent them. Here at Hill Twine Solicitors & Barristers, we have successfully defended for many years a significant number of people accused of sexual offences, such as, rape, assault by penetration, and sexual assault.
Successfully defending sexual offences trials is not easy. It requires sensitivity, specialist legal knowledge, and the ability to develop a trusting relationship with a client
Successfully defending sexual offences trials is not easy. It requires sensitivity, specialist legal knowledge, and the ability to develop a trusting relationship with a client. Where consent is the defence being run, defendants accused of sex offences need to feel comfortable giving their Legal Team extremely intimate details of their sex lives. In this article, we focus on four of our cases where our clients were found not guilty of rape on the basis the complainant consented to the sexual activity which took place.
Trial 1: Client Prosecuted for Rape After Meeting the Complainant on a Drunken Night Out
Our client, NE, pleaded ‘not guilty’ to three allegations of rape. He was acquitted of all offences by a jury after a four-day trial in Bournemouth Crown Court in February 2025. Our litigator on this case was Anna Zeeva, and our trial counsel was Richard Martin from 12 CP Barristers.
Our client was accused of raping the same complainant three times within a short period of time towards the end of 2021. The prosecution case was that the complainant met our client and his friend during a night out in Bournemouth, after she had consumed a lot an alcohol. The group of three walked to our client’s hotel room where the complainant fell asleep on the bed. The prosecution evidence was that she woke up to find she was being raped by our client, and that during the course of the night he raped her three times (including once orally).
Our client denied the rape allegations on the basis that all of the sexual activity was consensual
The defence case was that our client went out with a friend in Bournemouth after watching a band. They were both drinking and met the complainant whilst walking back to their hotel. She went back to our client’s hotel where she initiated sexual activity with both our client and his friend, having full sex with our client in the presence of his friend. Our client denied the rape allegations on the basis that all of the sexual activity was consensual.
At trial, the complainant, our client, and his friend all gave evidence. As is always the case with such trials, the Defence advocate must handle the evidence sensitively, taking into account the impact cross-examination may have on a complainant, whilst ensuring the defence case is properly put. Although the defence witness was initially reluctant to give evidence, through delicate and compassionate handling we were able to obtain a statement from him and he agreed to give evidence at trial. Whilst we can never know the reasons for the jury’s decision, it is likely the defence witness’s evidence was persuasive.
After a four-day trial, the jury returned unanimous ‘not guilty’ verdicts for all three allegations.
Trial 2: Soldier Acquitted of Alleged Sexual Offences in a Pub
Our client, a serving member of the Armed Forces, pleaded ‘not guilty’ to allegations of assault by penetration and sexual assault. He was acquitted of all offences by a jury after a six-day trial in Bournemouth Crown Court in April 2025. Our litigator on this case was Juliet Osborne, and our trial counsel was Richard Tutt from Pump Court Chambers.
Our client was accused of digitally penetrating and sexually assaulting the complainant on a night out at the beginning of 2024. The prosecution case was that the complainant and the client were previously acquainted and had had consensual sex on two occasions prior to the night in question. They had not remained in touch but they bumped into each other in a pub one night and started chatting. Our client was alleged to have taken things too far in the bar and sexually assaulted the complainant, before then committing the offence of assault by penetration.
The defence case was that our client was on a night out with friends when he bumped into the complainant. One thing led to another and talking turned into kissing, which turned into sexual activity. Our client accepted digitally penetrating the complainant in the pub, but everything was consensual until her mood changed and she withdrew consent. At this point, our client immediately stopped.
Our client accepted digitally penetrating the complainant in the pub, but everything was consensual until her mood changed and she withdrew consent
This case was a difficult one to defend from an evidential point of view; there were legal arguments about the admissibility of various pieces of evidence. The argument included whether a comment made by the complainant, and overheard by an independent witness, about having a threesome with our client and another member of the Armed Forces could be put before the jury. Richard Tutt successfully persuaded the trial judge to allow evidence that assisted the defence case to go before the jury. He also expertly handled the cross-examination of the complainant, as well as dealing with character evidence for our client relating to his service history.
After a six-day trial, the jury returned unanimous ‘not guilty’ verdicts for both allegations.
Trial 3: Client Accused of Targeting the Complainant in a ‘Stranger Rape’ Case
Our client, AA, was acquitted by a jury of an offence of rape after an 11-day trial. Following the ‘not guilty’ verdict, the Crown decided not to pursue a further trial for offences of intentional strangulation and assault occasioning actual bodily harm and dropped the prosecution against our client.
The prosecution case was that the complainant and our client were not previously known to each other. In the early hours of the morning, following a night out, the complainant was making her way home after consuming a lot of alcohol. She had met our client during the course of the evening and he had waited for her to leave to walk with her, the prosecution said he was targeting her. On the way, he raped her, leaving her in a state of undress. A member of the public found her and called an ambulance.
The defence case was that our client and the complainant met on a night out when both had been drinking. The complainant waited for our client to leave and they walked on in the early hours together along the Overcliff in Bournemouth. The complainant’s behaviour was erratic and she attempted to jump off the cliff at one point, seemingly intending to take her own life. Our client managed to keep her safe, assisted by a passer-by. Shortly afterwards, our client and the complainant had consensual sex twice, at the complainant’s request.
The complainant’s behaviour was erratic and she attempted to jump off the cliff at one point
The prosecution’s case was put on the basis that this was a ‘stranger rape’ case and AA had targeted a very vulnerable female. A very difficult case to defend, with prosecution witnesses who saw the complainant and our client at the scene, we instructed Rebecca Fairbairn of Pump Court Chambers as trial counsel. In preparing for the trial, the Defence Team argued that the prosecution had not complied with its duty of disclosure so far as serving all of the relevant CCTV on the defence was concerned. The defence also argued that the CCTV compilation relied on by the Crown was edited to show the ‘highlights’ supporting the prosecution case, and that the CCTV viewed in its entirety showed a different story.
After an 11-day trial at Bournemouth Crown Court, the jury unanimously found AA not guilty of the rape allegation. The Crown had intended to further prosecute our client for further offences against the same complainant, alleging he had further strangled her and assaulted her by biting her lip. The Crown decided to offer no evidence for these additional matters and not guilty verdicts were officially recorded for them.
Trial 4: Client Acquitted of Rape Allegations Against a Serving Police Officer
Our client, SF, was found not guilty by a jury of allegations of rape, attempted rape, and sexual assault after a four-day trial. The Crown had initially decided to prosecute SF for the offence of rape and two offences of attempted rape. At the start of the trial, two further offences of sexual assault were aded to the indictment. The Crown intended these offences to be alternatives to the attempted rape matters, meaning that if the jury thought unwanted sexual contact had taken place but it had not amounted to attempts to rape, it could find SF guilty of sexual assault instead.
The allegations dated back to 2012-2014 and the complainant was a serving police officer. The prosecution case was that the complainant and our client had been in a relationship. On an occasion in 2012 and another in 2013 the complainant, had woken up to find our client engaging in sexual contact without her consent. These two occasions were prosecuted as attempted rape. Further, in 2014, the complainant alleged SF had pushed her onto a bed and raped her.
The defence case was that the complainant and SF had been in an intimate relationship and any and all sexual activity had been consensual. Ellie Fargin from Pump Court Chambers was instructed as Defence Trial Counsel. Preparation for the trial was key, with it being necessary to consider a number of proposed defence witnesses. The Defence Team worked with SF to ensure he understood the advantages and disadvantages of calling the proposed witnesses, as well as explaining what the Court would consider relevant, and therefore admissible, and what the Judge would refuse to allow at trial. Issues were also caused by the Crown failing to serve appropriate edits to prosecution evidence in accordance with the timetable set by the Court. The experienced Defence Team dealt with these issues, ensuring our client was not at a disadvantage.
Preparation for the trial was key, with it being necessary to consider a number of proposed defence witnesses
After a four-day trial at Bournemouth Crown Court, the jury unanimously found our client not guilty of rape, two offences of attempted rape, and two offences of sexual assault in the alternative. Although this was a case of one person’s word against another, the legal skills involved in handling defence evidence, and defence witnesses in particular, were particularly important to the outcome of the case.
If you are accused of a criminal offence and want to be represented by Hill Twine Solicitors & Barristers’ specialist Criminal Defence Team, contact us now.
If you have any questions or need advice