Rape Allegations

R .v. E
St. Albans Crown Court

The Defendant was charged on indictment with 8 Counts:

Count 1 Breach of a Sexual Offences Prevention Order contrary to section 113(1)(a) of the Sexual Offences Act 2003.
Sentence: 3 years imprisonment

Count 2 Arranging or facilitating commission of a child sex offence, contrary to section 14(10 of the Sexual Offences Act 2003.
Facts: Intentionally arranged or facilitated an act which he intended another person to do in any part of the world, which would involve the commission of an offence under any of sections 9 to 13 of the Sexual offences Act 2003, in that he instructed via Skype, the digital penetration by another of the vagina of a child under the age of 13, namely 3 years old.
Sentence: 11 years imprisonment

Count 3 Arranging or facilitating commission of a child sex offence contrary to section 14(1) OF THE Sexual Offences Act 2003.
Facts: Intentionally arranged or facilitated an act which he intended another person to do in any part of the world which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, in that he instructed via Skype, the penile penetration by another of the mouth of a child under the age of 13, namely 6 years old.
Sentence: 11 years imprisonment

Count 4 Arranging or facilitating commission of a child sex offence contrary to section 14(1) of the Sexual Offences Act 2003.
Facts: Intentionally arranged or facilitated an act which he intended another person to do in any part of the world which would involve the commission of an offence under any of sections 9 to 13 of the Sexual offences Act 2003, in that he instructed via Skype, the penile penetration of the vagina of a child under the age of 13, namely aged 11 or 12 years.
Sentence: 11 years imprisonment

Count 5 Arranging or facilitating commission of a child sex offence contrary to section 14(1) of the Sexual Offences Act 2003.
Facts: Intentionally arranged or facilitated an act which he intended another person to do in any part of the world, which would involve the commission of an offence under any of sections 9 to 13 of the Sexual offences act 2003, in that he instructed via Skype, the penetration by another of the vagina of a child under the age of 16 by toys and a penis.
Sentence: 11 years imprisonment

Count 6 Arranging or facilitating commission of a child sex offence contrary to section 14(1) of the Sexual Offences Act 2003.
Facts: Intentionally arranged or facilitated an act which he intended another person to do in any part of the world, which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, in that he instructed via Skype, the vaginal penetration by another person of a child under the age of 13, namely aged between 7 and 10 years.
Sentence: 11 years imprisonment

Count 7 Possession of indecent photographs of a child, contrary to section 16091) of the Criminal Justice Act 1988.
Facts: Photograph of a child, a level 4 image.
Sentence: 6 months imprisonment
Count 8 Entering into an arrangement facilitating the acquisition of criminal property, contrary to section 328 of The Proceeds of Crime Act 2002.
Facts: Entered into or became concerned in an arrangement which he knew or suspected facilitated (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person, namely the charges made for the viewing by others and by himself of sexual offences against children in the Philippines.

Sentence

• No separate penalty. All sentences concurrent.
• Total Sentence: 14 years imprisonment.
• Sexual Offenders Prevention Order for 20 years.
• Destruction of electronic materials.

Note

Maximum Sentence for Counts 2, 3, 4 5, 6 and 8 is 14 years imprisonment.
Maximum Sentence for Counts 1 and 7 is 5 years imprisonment.

The Learned Judge stated that this case involved a very high degree of seriousness…and that the arranging of rape and abuse of children is unspeakable…and that never before has seen a man responsible for this.

See Press Reports:
Hertfordshire Constabulary news bulletin dated 19.12.13
BBC News 19.12.13
Berkhamsted Today
Hemel Today

R .v. E
St. Albans Crown Court

The Defendant was charged with 19 Counts:

a. Rape of a child under 13 x 3 ( max: life imprisonment)
b. Sexual assault of a child under 13 x 4 ( max: 14 years)
c. Causing or inciting a child under 13 to engage in sexual activity x 6 ( max for non – penetration: 14 years)
d. Engaging in sexual activity in the presence of a child x 3 (max: 10 years)
e. Making indecent photographs of a child x 2 (max: 10 years)
f. Possession of indecent photographs of a child x 1 ( max; 5 years)

The Defendant pleaded Guilty to all offences.

Upon detailed legal submissions, the sentence of the Court being;

a. Counts 1-3 , 10 years
b. Counts 4-7, 21 months
c. Counts 8-13 , 30 months
d. Counts 14-16, 12 months
e. Counts 17-18, 12 months
f. Count 19, 1 month

A Sexual Offences Prevention Order was made until further order of the court.

A Total of 10 Years Imprisonment

C. V. G
Basildon Crown Court

Due to the sensitivity of this case, a narrative is withheld.

Indictment

• Rape, contrary to section 1 (1) of the Sexual Offences Act 2003.
• Assault by penetration, contrary to section 2 of the sexual offences Act 2003.
• Assault by Beating, contrary to section 39 of the Criminal Justice Act 1988.

The Defendant pleaded guilty to Count 4, at commencement of trial; and whereupon the trial proceeded.

Result

Not Guilty to Counts 1, 2 and 3.

Time served while on remand for Count 4 An Application for Defence costs was successful.

R .v. P
St. Albans Crown Court

The Defendant was charged with two serious offences as follows:1. Assault by penetration, contrary to Section 2 of the Sexual Offences act 2003.2. Sexual Assault contrary to Section 3 of the Sexual Offences Act 2003.

The Law

Section 2: A person commits an offence if he intentionally penetrates the vagina or anus of another with a part of his body or anything else, the penetration is sexual, the otherdoes not consent to the penetration, and it is not reasonably believed that the person consents. Sections 75 And 76 apply to an offence under this section.A person guilty of an offence under this section is liable, on conviction on indictment,to imprisonment for life.

Section 3: A person commits an offence if he intentionally touches another person, the touching is sensual, the other person does not consent to the touching, and does not reasonably believe that the other person consents. Sections 75 and 76 apply to an offence under this section.A person guilty of an offence under this section is liable to imprisonment for a term not exceeding 10 years on indictment.

Within two hours the Jury returned a unanimous Not Guilty to the Section 3, and 15 minutes later a Majority verdict of Not Guilty to Section 2.

R .v. B
St Albans Crown Court

Allegation of Rape (5 day trial)

It was alleged that the Defendant intentionally penetrated the vagina of a woman with his penis, when she did not consent and did not reasonably believe that she was consenting, contrary to Section 1 Sexual Offences Act 2003.

The Law

A person commits an offence if he intentionally penetrates the vagina of another person with his penis. That the other person does not consent to the penetration and the perpetrator does not reasonably believe that the other person consents. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps that the person has taken to ascertain whether that person consents.

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life and be placed on the Sex Offenders Register.

Verdict

The Jury returned a unanimous verdict of Not Guilty after merely 1.36 hours of being directed by the Learned Judge to consider the case.

Defence Costs were ordered to be taxed from the central funds.

Instructed to advise and represent a National League Football Manager on a serious allegation of sexual assault and rape in a police investigation, which resulted in no further action. The matter was therefore not proceeded with. (For confidentiality reasons, no reference may be made as to the individual.)

R .v. S
St Albans Crown Court

Defendant charged with:

• Indecent Assault contrary to Section 14(1) of the Sexual Offences Act 1956 (1 count).
• Rape contrary to Section 1(1) of the Sexual Offences Act 1956 (8 counts).
• Indecency with a Child contrary to Section 1(1) of the Indecency with Children Act 1960.

All the above charges dated back to between 1974-1978. The complainant made the allegations to the police in 2009. The charges were later amended to Indecent Assualt (1 count) and Rape (3 counts).

At trial, prior to the Jury being sworn, legal abuse of process argument was submitted before the Learned Judge, and that there was unreasonable delay in bringing the proceedings, who granted a Stay in proceedings and the Defendant was released.