PCD Solicitors are pleased to have secured the acquittal of a client charged with serious child sexual offences.
Client W was unanimously acquitted by the jury after a trial in a Crown Court in London, during which he was advised by PCD Solicitors and our counsel. He instructed our firm shortly after being charged with four counts of a sexual assault of a child under 13, and a single count of possession of an extreme pornographic image. The child sexual offence charges related to alleged conduct with a young family member, which Client W strenuously and consistently denied. The client had the support his family, and elected to dispute the allegations and defend his case.
What is sexual assault of a child under 13?
Sexual assault of a child under 13 is an offence under Section 7 of the Sexual Offences Act 2003, which states:
‘A person commits [sexual assault of a child under 13] if he intentionally touches another person, the touching is sexual, and the other person is under 13.’
Unlike child sexual offences that refer to children aged between 13 and 15, defence arguments related to consent do not apply. Sexual assault of a child under 13 is a very serious offence, carrying a maximum custodial sentence of 14 years’ imprisonment.
What is an extreme pornographic image?
An extreme pornographic image is defined under the Section 63 of the Criminal Justice and Immigration Act 2008 as:
‘An image which is both pornographic and extreme […] is reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal […] and is grossly offensive, disgusting or of an obscene character.’
Offences involving extreme pornographic images can carry maximum custodial sentences of three years’ imprisonment. They can include images depicting serious injury or non-consensual sexual activity, sexual interference with a corpse, bestiality, or an act that threatens life.
Our Approach:
Immediately on instruction, PCD Solicitors conducted a thorough and comprehensive review of the case, including the disclosure of evidence from the Crown Prosecution Service (CPS). Over the course of this assessment, our team identified critical weaknesses in the prosecution’s case for the extreme pornographic image charge, which included the complete absence of forensic digital evidence and a number of procedural errors at the pre-trial stage. Following representations to the prosecution and in consultation with the client, our team succeeded in having this charge severed from the wider case against Client W, and then discontinued by the prosecution with a formal ‘not guilty’ verdict.
In defending the serious child sexual offence charges, PCD Solicitors worked to develop robust trial defence, which challenged discrepancies and contradictions in the evidence and the validity of the claims made by the complainant. Our team advised Client W on the instruction of counsel from our network of preferred barristers, and worked with them in consolidating our defence arguments into a convincing strategy for trial.
Considering the client’s consistent rejection of the allegations against him and the failure of the prosecution to substantiate the extreme image charge, these arguments focused on the reliability and plausibility of the complainant, as well as important context of the family dynamic that raised compelling questions as to the reasons a false allegation may have been made. At every stage, we remained in constant contact with Client W and ensured that the defence remained aligned to his own account, needs and interests.
The Outcome:
At the conclusion of the defence’s case, the jury retired for deliberations, returning a unanimous ‘not guilty’ verdict after just three hours. Client W was therefore acquitted on all counts, and allowed to return home to his family.
Hannah Myall, head of legal administration and Client W’s primary liaison, said:
‘We are naturally delighted to have secured such a decisive outcome for Client W, who was adamant and consistent in defending his case.
Very quickly, we identified that the success of the defence would rely on severing the extreme pornographic image charge, a conviction for which would have made defending the more serious child sexual assault charges much more difficult. Working with Marcus and the wider defence team, it became clear that the CPS were attempting to prosecute the client for alleged possession of an image that they had no evidence existed – despite having access to the defendant’s devices.
At the same time, we remained very aware that the most serious charges in this case were the four counts of sexual assault of a child, for which the defendant was looking at a lengthy custodial sentence. In partnership with counsel and our lawyers at the firm, we cultivated and presented strategies that robustly but fairly challenged the prosecution’s case, and are very pleased that the jury was unanimously and quickly convinced of Client W’s innocence.’
Marcus Johnstone, solicitor and managing director, said:
‘Cases like these, where a client is charged with multiple offences of different types, are always very complex. It is very important to tackle each charge individually, without losing sight of the case as a whole.
Every case at PCD Solicitors is run by a dedicated defence team, and this was particularly important in supporting Client W. Part of this team focused on defending and resolving the extreme image charge, whilst another ran preparation for the child sexual assault charges. In doing so, we were able to tackle each charge methodically and contextually, and therefore secure such a quick and overwhelming outcome.’
