Kate Riekstina, instructed by Keima Payton and Alice Dyer of Payton’s Solicitors, secured an acquittal for her client charged with the rape of another man.

The complainant claimed that he had attended a sauna to relax and had not been looking for “anything untoward”. He alleged that he had been ushered into cubicle by the Defendant and the Defendant had locked the cubicle, pushed him onto a mattress and raped him. The Defence case was that the venue where the incident occurred was a sex sauna for gay men, that the complainant had wandered around the ‘cruising corridors’ and went into the cubicle occupied by the Defendant, carrying a condom and lubricant voluntarily. The Defendant asserted that both men engaged in consensual sexual activity including sex.

The case involved detailed analysis of CCTV footage (with sound) obtained from the sex sauna following the movements of the Complainant and a site visit by Kate and her instructing solicitors to ascertain the locations of various CCTV cameras and ensure that the case can be thoroughly presented to the jury. The CCTV supported the Defendant’s account.

At trial the complainant refused to attend despite various special measures being offered to him. As a result the Crown proceeded to make an application to adduce hearsay evidence of the complainant’s account under s.116(2)(b) of the CJA 2003. Kate argued that, given the severe and significant inconsistencies between the complainant’s account and the CCTV footage and the lack of any proper medical evidence suggesting that the complainant was unable to give evidence, his account ought not to be admitted before the jury owing to the prejudice which would’ve been caused to the Defendant. The Learned Judge refused to allow the hearsay evidence to be admitted at trial and the Crown (having had to consult with the DCP) eventually offered no evidence and a not guilty verdict was entered.

Kate’s full profile: https://greatjames.co.uk/members/kate-riekstina/

To instruct Kate, please contact the clerking team at clerks@greatjames.co.uk or on 0207 440 4949.