James Harrison secures acquittal of defendant of serious sexual offences

SD was charged with rape and assault by penetration against a former partner in addition to several offences of domestic violence, and controlling and coercive behaviour. The Prosecution case alleged that SD had used escalating methods of control over the course of a 7-month relationship, which culminated in the complainant submitting to sexual acts in fear of violence.

On the first day of the trial, the Crown served a download of SD’s phone, which included over 31,000 messages. James successfully undermined the credibility of the complaint – being made very shortly after SD was assaulted by the complainant’s now-partner in her home – and, by reference to the messages, directly challenged the truth of some of the allegations made by the complainant.

By reason of his ADHD and autism, SD presented with particular challenges during the trial, particularly during his evidence, which James was able to navigate with care and sensitivity.

After a 6-day trial, notwithstanding that the jury had been told that SD had a previous conviction for violently assaulting and threatening to kill his previous partner and that SD had pleaded guilty to biting this complainant, SD was acquitted of all offences except the controlling and coercive behaviour. SD will be sentenced in January.

James was instructed by Nicola Smith of Bond Joseph Solicitors.