SEXUAL ASSAULT ALLEGATION - No Further Action

---

Overview

Our client, a director of an IT company, was arrested on suspicion of sexual assault following a night out at a pub. During a friendly exchange with a waitress, he asked for a hug, which she appeared to accept. He believed the interaction to be welcome and kissed her on the cheek. However, the complainant later alleged that he had also kissed her on the neck without her consent. A bystander, supported by the waitress, reported the matter to the police, resulting in our client’s arrest and detention at Charing Cross Police Station.

Legal Representations

At the police station, the client received advice from a duty solicitor who advised there was little prospect of successfully contesting the allegation and therefore advised the client to exercise his right to silence during the police interview. Concerned about the serious implications for his career and visa status, the client sought expert legal advice and instructed Kelly Blake to act on his behalf. After taking a comprehensive account, Ms. Blake advised that he had a viable defence—he reasonably believed the interaction was consensual, which is a key legal element in cases of sexual assault.

Proactive Steps

We arranged a second voluntary interview, during which the client provided a full and consistent account of the incident. Although the police proposed issuing a simple caution, Ms. Blake advised on the pros and cons of accepting a police caution. The client refused to accept the caution and Ms. Blake submitted detailed written representations to the Crown Prosecution Service (CPS), outlining the full context of the incident and the lack of reliable or corroborative evidence.

Outcome

Upon consideration of our submissions, the CPS concluded that there was insufficient evidence to justify a prosecution and confirmed that no further action (NFA) would be taken. The client avoided criminal charges and the long-term consequences that could have resulted from a conviction or caution.