Clarissa Rodio, instructed by Harsha Shah of Hodge Jones & Allen (inc. Birds), secured an acquittal for her client charged with rape following a 7-day trial at Kingston Crown Court.
Clarissa’s client was accused of rape following a sexual encounter with a woman he met for the first time. She had been drinking throughout the day and was intoxicated. While en route home from work, the Defendant observed the Complainant walking and appearing unwell. Out of concern for her wellbeing, he stopped his vehicle and offered assistance. The Complainant accepted the offer and proceeded to provide directions to her flat. The Complainant had no recollection of events from the moment she was seated in the passenger seat of the car until she awoke to find the Defendant on top of her. She could not say what, if any, sexual activity took place before that.
The Defendant maintained that the Complainant invited him to her flat, she interacted with him, to an extent which he took as encouragement, and she did not resist in any way. He maintained that he reasonably believed that she was consenting.
The jury returned a not guilty verdict, resulting in Clarissa’s client retaining his good character.