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Saturday, November 2, 2024

Defending Sexual Assault Allegations

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False accusations carry lasting devastation: Contained in the world of prison defence.

An Interview with Marcus Johnstone

This week, Lawyer Month-to-month had the chance to speak with Marcus Johnstone, a UK prison defence solicitor with over 20 years of expertise. Marcus began off as a senior lecturer in regulation and politics however in his coronary heart, he’s a real defender and has been solely practising prison defence, specialising in sexual offence allegations, within the UK for over 20 years. Marcus is a Senior Solicitor and director at PCD Solicitors and is very regarded within the UK authorized group for his nationwide specialist work as a sexual offence defence solicitor with explicit experience in defending rape, sexual assault, indecent photos and historic intercourse offences.

Working intently with a number of the nation’s main barristers, Marcus and PCD Solicitors are undoubtedly a step forward of different regulation companies relating to defending sexual allegations. 

What impressed you to specialize in prison defence?

In my view, prison regulation is crucial space of regulation. Let’s face it, which different space of regulation, if one thing goes incorrect, are you able to face spending the remainder of your life in jail?

Think about being accused of a intercourse offence. Simply an allegation usually leads to the lack of your job, your loved ones unit breaks down, you might be stopped from seeing your youngsters and you could be held in jail in the course of the investigation.

Now, think about being the sufferer of a false sexual allegation. In recent times I’ve seen an enormous improve in false allegations. Nonetheless, the place to begin for the police is that the individual making the grievance is believed, and the individual accused is made to really feel like they should show their innocence.

A conviction for a intercourse offence can’t solely lead to a jail sentence, however you additionally should register as a intercourse offender – typically for the rest of your life.

There’s additionally an enormous imbalance of energy between the prosecution and defence. The police, with all their powers to research, are a part of the State. Instances are prosecuted by the Crown Prosecution Service (CPS), once more a part of the State. Individuals making complaints are actually given appreciable help from the state, with specifically educated cops, help workers and counsellors. The defendant, alternatively, has no help from anybody.

I needed to attempt to rebalance the ability, to attempt to obtain a good and simply final result. It’s a large honour to symbolize any shopper and thereby be the one individual combating to make sure they don’t seem to be convicted.

PCD Solicitors solely deal with sexual offence circumstances. That is fairly distinctive. How did this come about?

I recognised a few years in the past that to turn into the most effective at one thing, you needed to specialise. I needed to focus on offences carrying essentially the most extreme sentences and people who have essentially the most affect on the lives of these accused. I’ve at all times needed to guard folks in opposition to false allegations and wrongful convictions.

A few years in the past, I began to note a year-on-year improve in sexual allegations, largely on account of data showing on the web. There was additionally an enormous improve in these accused claiming the allegations have been false. Social media, relationship websites, chat rooms, the ‘#MeToo’ motion, attention-seeking problems and different psychological well being points have all performed an element in folks keen to say they’re victims of sexual assaults (whether or not true or false).

I arrange a regulation agency to specialize in sexual defence work, with explicit emphasis on figuring out and defending false allegations. I figured that if I may spend all my time coping with this space of regulation alone, I might turn into extra educated than different attorneys and higher in a position to defend my shoppers.

So far as I’m conscious, we are actually the one regulation agency within the UK that solely handles sexual defence work. Concentrating solely on sexual allegations has enabled me to construct what I imagine is the nation’s main sexual defence agency.

What kinds of sexual offence circumstances have you ever labored on over the past 20 years and the way have intercourse crimes and defending sexual offences developed throughout this era?

Sexual offences will be break up into two classes; these dedicated by private contact (sexual assault, rape, harassment, coercive behaviour, and so forth) and people dedicated over the web the place no private contact takes place (indecent photos, revenge porn, grooming, incitement, and so forth).

20 years in the past, only a few offences have been dedicated on-line – as a result of most individuals had no entry to the then-emerging web. In 2024, most crimes are actually dedicated on-line!

Simply as there was an enormous growth of on-line (lawful) pornography, there was an equally large growth in on-line unlawful pornography. The web is, in impact, accountable for the explosion of offences regarding indecent photos of kids.

Going through an allegation of a sexual offence has a devastating affect on you, your wider household, your repute and doubtlessly your livelihood. What occurs when somebody is accused of a sexual offence and is there a method for dealing with false allegations for sexual assault?

An allegation of committing a sexual offence is life-changing. Purchasers are sometimes suspended from work, rumours flow into, feedback might seem on social media (which might stay without end) and it might probably break up households. When you have youngsters, Social Providers might turn into concerned and you could be prevented from residing at house or seeing your youngsters. And that is even earlier than you might be charged or convicted.

We’ve a well-tried and examined technique for coping with this downside. As quickly as we’re contacted by a brand new shopper we organize an in depth convention to acquire all of the background data. We go on report with the police and CPS the identical day to request an replace and disclosure of any proof. We’ve a workforce of three attorneys who work on every case, plus our help workers. We begin engaged on defence arguments from day one. After all, we’re additionally in a position to symbolize our shopper at any police interview.

If a shopper has not but been charged with an offence (however is beneath investigation), our principal intention is to cease a prosecution. We strive to do that by liaising with the CPS and exhibiting that the proof, as introduced by the police, doesn’t attain the prosecution threshold. There are explicit authorized arguments that must be made to the CPS to attempt to cease a prosecution – and this work must be began as quickly as attainable.

The CPS might then resolve to take no additional motion or problem prices and refer the case to court docket. If a shopper is charged with offences, we will then, after all, defend the case in court docket. It can take between 12 – 24 months for a case to succeed in a trial. Throughout this time there are numerous steps we might take to attempt to get the case thrown out. After all, we even have professional barristers to symbolize shoppers at any trial.

Nigel Lythgoe, Donald Trump, Vin Diesel, Sean ‘Diddy’ Combs, Prince Andrew, Jamie Foxx, rock star Axl Rose, and Oscar winner Cuba Gooding Jr have all not too long ago been accused of sexual assault with lawsuits filed. Making malicious false allegations of sexual abuse, violence, and rape in opposition to males is on the rise. Why is that this taking place and the way is it attainable to guard your authorized rights in a false accusation authorized declare?

I’ve actually seen over latest years an enormous improve in false rape allegations. There are a number of causes for this, together with the ‘#MeToo’ motion, the supply of social media for ladies to collect help, psychological well being and attention-seeking problems. There has additionally been a rising improve within the want for compensation. A sufferer of a rape offence could also be awarded round £100,000. Some police forces now actively promote for ladies to come back ahead and report abuse – stating that they are going to be believed.

In a latest improvement to this compensation tradition, a person who posted on the web a few nude pictures of his ex-girlfriend stood within the bathe needed to pay her virtually £100,000 in compensation for her psychological ache and struggling. For the primary time in authorized historical past the Choose regarded her psychological trauma because the equal of a bodily assault.

I’ve a number of circumstances of husbands and wives who break up up after the wedding breaks down. The spouse then makes a declare of rape going again years. That is usually linked to youngster custody battles, entry to matrimonial property, entry to upkeep, psychological well being, and so forth.

To guard your authorized rights you must contact a specialist solicitor as quickly as attainable. Personally, I’ve at all times provided an preliminary session freed from cost, and most of our ongoing work will be accomplished on a set payment – which stays the identical nonetheless lengthy the case goes on. This takes quite a lot of fear away from a shopper – as a result of they know from the outset what the authorized prices can be.

Whether or not arrested for a single accusation of rape or assault, or as a part of a wider investigation into sample of behaviour, the stigma of being accused of those crimes is devastating. What’s your recommendation to anybody accused of false intercourse crime allegations? How do you have to reply to intercourse crime allegations and what do you have to NOT do?

Search professional recommendation as early as attainable from a specialist regulation agency. It is best to keep away from a authorized assist agency, as these companies are usually set as much as take care of authorized assist circumstances – and authorized assist is barely obtainable after somebody is charged. My principal intention, from the outset, is to cease my shopper being charged.

Construct your defence early – I work with shoppers on this level over a number of weeks or months, ranging from day one. Even earlier than a police interview and lengthy earlier than a charging choice is made, I work with shoppers on all background points, assess the obtainable proof, receive fixed updates from the police (concerning their investigation) and study as a lot as we will concerning the complainant. This all helps me to formulate defence arguments.

If you could attend a police interview, don’t depend on the obligation solicitor however, as an alternative, have your individual non-public solicitor with you on the station. Don’t say something to the police with out your solicitor being with you.

Sadly, as with most issues in life, cash talks. If you happen to can afford it, pay privately for authorized recommendation. There’s a large distinction between what will be achieved on a personal foundation versus authorized assist. Authorized assist is a state handout and, as with all state profit, pays absolutely the minimal.

Rape carries a most life sentence. It’s the most severe sexual offence and but authorized assist solely pays round 10% of the quantity really required to defend a case correctly (for my part). In different phrases, round 90% of the work that must be accomplished to defend a case correctly doesn’t get performed – as a result of the authorized assist companies don’t receives a commission to do it. Stunning isn’t it?

All regulation companies and solicitors wish to say they’re client-centric, however that’s not at all times the case. Relationships require fixed communication. To construct belief, companies want to repeatedly validate their relations and discover out what their shoppers need. How has PCD solicitors managed to turn into one of many UK’s main sexual offence defence specialists?

Whether or not a case will be defended efficiently largely depends upon the preparation work. It may possibly take 6-12 months even earlier than a charging choice is made by the CPS. It may possibly take an extra 12-24 months for a case to succeed in a trial. The trial itself might solely take 3-5 days. Preparation is the important thing.

We spend a substantial period of time with any shopper, gathering background data, relationship historical past, medical data, model of occasions, and so forth, so we will begin to formulate the easiest defence arguments from an early stage. We additionally examine, the place attainable, the background of the complainant.

We’ve a workforce of attorneys engaged on every case we take care of. I additionally contain senior, specialist, barristers from the very first listening to – who will stay on the case all through. By doing so we construct up a substantial quantity of details about our shopper, the complainant, the proof and our defence.

We’re additionally in a position to receive all of the proof on the earliest attainable time. By reviewing the proof with our shopper in individual and taking as a lot time as we want, we’re in a position to put together the case correctly. It may possibly take a number of months to construct a defence property – simply because the police and CPS might take a number of months to construct the prosecution. Throughout this time we will actually get to know our shoppers, and so they can get to know us.

I additionally know the significance of being there for each shopper. A member of my workers is accountable for pastoral help for shoppers – largely unparalleled in a regulation agency. This isn’t about being a lawyer, it’s about caring for a shopper’s welfare, providing help, chatting and being obtainable if a shopper needs to speak. We launched this help after one among our shoppers dedicated suicide while ready to see if he could be charged. (Two days after this shopper dedicated suicide a letter was delivered to his handle informing him there was to be no additional motion. It was despatched second class and took 5 days to succeed in him. Two days too late.) We don’t need to lose every other shopper this manner.

Have there been any latest or notable authorized developments or landmark circumstances concerning sexual offence crimes?

Case regulation and laws is frequently growing. So are the kinds of intercourse crimes and the explanations for committing them. Rapes are growing as a result of extra persons are reporting them. The ‘#MeToo’ motion and social media websites have actually elevated the variety of allegations of historic rapes. The media, web websites and even the police now encourage victims to come back ahead and complain.

On-line offences are frequently growing. Social media websites pays cash to content material creators. Extra amateurs are posting content material. The boundaries are always being pushed as to what’s authorized / unlawful. Does the individual look aged 17 (a baby) or 18 (an grownup)? {A photograph} of individuals on a prepare is lawful, however whether it is attainable to see up a lady’s skirt, is it illegal? Probably. Probably not. Uncertainties within the regulation additionally create defence alternatives.

Revenge porn is now a criminal offense. In a latest case, which set a precedent, a lady whose nude {photograph} was uploaded to the web by her ex-boyfriend was entitled to virtually £100,000 in damages (compensation) due to the psychological anguish induced. The identical quantity could also be claimed by a sufferer of rape.

The newly created Sexual Threat Order will be utilized for by a single police officer, even earlier than you might have been charged with any offence. Except opposed, this can be ‘rubber stamped’ by the Magistrates’ Courtroom and thereafter all of your web utilization, search historical past, websites visited, telephone calls made and acquired, and so forth, can be monitored by the police, and your gadgets will be inspected by the police at any time. Failing to maintain a telephone quantity or a report of an internet site visited can lead to you going to jail.

Lastly, what’s the most rewarding a part of being a prison lawyer specialising in defending sexual offence allegations and is there a specific case that stands out for you?

Essentially the most rewarding a part of my work is defending a shopper in opposition to a false allegation and profitable!

A couple of years in the past I represented a younger man who had been charged with 7 counts of rape. All the pieces concerning the case indicated to me that the grievance was false, and my shopper was utterly harmless. It took 2.5 years from the date she complained to the police till the trial. After a trial lasting 5 days, it took 20 minutes for the jury to search out him not responsible of all prices.

We later discovered that the girl involved had made earlier false complaints, had admitted to her psychiatrist that she made up tales and had beforehand complained of rape in opposition to one other man – who had additionally been prosecuted and located not responsible.

Regardless of being acquitted on all prices, this younger man’s life has modified without end. He now suffers PTSD on account of 2.5 years of investigation, accusations and a 5 day trial. He now finds it troublesome to belief females and can’t exit – for worry that somebody will accuse him once more. The regulation says he’s not entitled to any compensation.

There are, little question, many ladies who’re real victims of sexual abuse and who, fairly rightly, need to be handled pretty by the prison justice system. Sadly, their trigger for honest remedy is being diluted by the ever-increasing variety of false complaints.

Marcus A Johnstone, Solicitor
PCD Solicitors
E-mail: marcus@pcdsolicitors.co.uk
Tel: 0151 705 8488
www.pcdsolicitors.co.uk

 

Printed by: www.lawyer-monthly.com



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