Ann Tayo, instructed by Sean Richards of TV Edwards Solicitors, secured a unanimous Not Guilty verdict at the Central Criminal Court for a young man who faced a grave allegation dating back to his teenage years.
The case involved a complex factual background. The complainant, an older woman, had seduced the defendant when he was a minor and later falsely accused him of rape. Shortly after consensual intercourse, she covertly recorded him during an emotionally charged exchange, attempting to guilt-trip him into believing he had harmed her. The prosecution relied heavily on this recording, which the complainant had engineered in an effort to create evidence to support a false allegation.
A key issue in the trial concerned her history of making multiple previous complaints against different individuals. Following R v Hurley [2025] EWCA Crim 642, it was not possible to demonstrate that these prior allegations were false, and therefore they could not be admitted through the bad-character provisions. However, under s.41(5) of the Youth Justice and Criminal Evidence Act 1999, the defence was able to rely on prior “similar experiences” that the complainant herself had discussed with the defendant, references that appeared in both her ABE interview and the covert recording. These communications were central to understanding the defendant’s state of mind and supported his reasonable belief in consent. This material had also been properly signposted within his defence statement.
This case highlights the importance of a meticulous, principled approach to admissibility, and the vital role of Section 41(5) in ensuring fairness where contextual evidence informs a defendant’s belief in consent.
Congratulations to Ann and the team at TV Edwards for their diligence and advocacy in securing justice in a challenging and sensitive case.
Ann’s full profile: https://greatjames.co.uk/members/ann-tayo/
To instruct Ann, please contact the clerking team at clerks@greatjames.co.uk or on 0207 440 4949.