David Toal secures acquittal in rape and assault trial
October 26, 2020
David Toal from Exchange Chambers has secured an acquittal for his client in a rape and assault trial.
The defendant and complainant shared a flat together, having previously been in a relationship.
The complainant alleged that whilst they were in bed, the defendant made a number of unwanted sexual advances towards her. The third time this happened, she alleged that he forcibly removed her clothes and raped her.
The complainant did not mention the incident to anyone until a few days later when she had an argument with the defendant, during which she alleged that he grabbed her around the neck and smashed her phone. She got free from him and armed herself with a hammer before leaving the flat and going straight to a friend’s house where she told her friend about the alleged rape and the assault. The police were then contacted.
The defendant was arrested in Lincolnshire the following day and an analysis of his phone showed that he had deleted messages that had been exchanged with the complainant in the days following the alleged rape. Those same messages were retrieved from the complainant’s phone and some of them showed him apologising for his behaviour towards her. The Defendant admitted that they had had sexual intercourse but maintained it was fully consensual. He said the messages were not apologies for raping her but apologies for them having sexual intercourse after they had agreed to separate. He said he had deleted them as he wished to move on from her. He denied the assault but accepted he damaged her phone.
After a 4-day trial at Manchester Crown Court, the jury returned verdicts of Not Guilty within twenty minutes.
David Toal was instructed by Bird & Co Solicitors from Grantham, Lincolnshire.