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As the offence was historic rape, the criminal defence team went back to the client’s immigration into the UK, to prove his innocence

Case Overview: 

In a shocking case of mistaken identity, Mr K was falsely accused of rape by the victim. The victim claimed that the rape took place between 1997 and 1999, even though our client entered the country in 1999. Furthermore, the victim also claimed that she was sexually abused as a child, when she spent time in a children’s home. A witness, Mr. J, remembers taxi drivers arriving at the children’s home late at night, and that the victim was having sexual relations with the drivers; other witnesses, too, corroborated this statement.  

The Defence Team’s Efforts: 

Mr. K was arrested and questioned for rape charges and indecent assault that took place between 1997 and 1999. He was also questioned for rape charges that took place in 2001, allegedly as a taxi driver. Faced with the onerous task of denying these allegations and proving his innocence, he recruited the expert services of Stuart Miller Solicitors, and the sexual offence team – with a combined 40 years of experience – immediately went to work.  

Before the trial, the team went through the client’s history – as this was a historic rape allegation – to prove the client’s whereabouts and prove his innocence. Using a combination of witness testimony, character statements, interviews with friends and family, immigration records, and DVLA records, the team was able to prove his entry into the country in 1999. As he was detained when he first entered the UK, the legal team were able to follow a paper trail that documented his entry into the country.  

The defence team followed up on these allegations by approaching the DVLA and obtaining the client’s driving history. This is because the accusations made also accused him of sexual assault while he worked as a taxi driver. By going through the client’s driving history, meeting with the DVLA, and establishing the client’s personal and financial history, the defence team were able to prove that the client never worked as a taxi driver, and only obtained his license in 2008.  

Furthermore, our legal defence team took over this case as it was ongoing; this is because the client’s original legal defence had not contacted him or represented him at the police station. Frustrated with the lack of legal advice, he then contacted us for legal representation, and was surprised with the lengths our team went to, to secure his freedom.  

During the trial, the defence team worked tirelessly to undermine the prosecution’s baseless claims against the client. By providing concrete evidence on the client’s whereabouts over 20 years ago, and by providing meticulous reports of the client’s immigration, driving records, and financial history, the defence team was able to securely prove that these allegations are categorically false.  

How We Can Help You: 

Though a case of mistaken identity can be a funny, relaxed situation, it can become tense if it leads to serious allegations, like rape or sexual assault. These charges can be very damaging to your reputation, and can cause a great deal of physical and mental stress. If you, or someone you know, has been accused of rape charges, sexual assault, or indecent assault, please don’t hesitate to contact us. We provide free no-obligation consultations, and will be able to provide expert legal advice, thanks to over 40 years of combined experience in the field.  



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