- within Employment and HR topic(s)
- in Canada
Case study summary
Police took No Further Action after our detailed representations in a serious rape investigation, following careful analysis of digital communications, which undermined the complainant's evidence.
Case study
Our client was under investigation in relation to serious rape allegations. The case involved historic allegations and a significant volume of digital material, including WhatsApp communications between the parties.
The investigation was deeply distressing for the client, carrying personal and professional consequences. From the outset, our role was to ensure that the police considered the wider evidential picture fairly, rather than viewing allegations in isolation from the communications between the parties.
We conducted a detailed review of the contact between the parties, and the extent to which the messages assisted in undermining the allegations.
Following that review, we prepared written representations to the investigating officer. Those representations invited the police to take No Further Action, setting out why the available evidence did not support a charge and why the matter should not proceed further.
This case demonstrates the importance of proactive defence work during the investigation stage. In serious cases, it is often not enough simply to wait for a charging decision. Where the evidence supports it, properly prepared representations can ensure that investigators consider material that undermines the allegation or supports the defence case before any charging decision is made.
Digital communications can be central to that process. A full review of messages and social media applications may reveal material that is highly relevant to consent and chronology of events.
At Mary Monson Solicitors, we assist clients at every stage of police investigations, including interviews under caution and pre-charge engagement with written representations seeking No Further Action.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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