Vicky Smith-Swain secures acquittal in rape trial involving sleep sex role play

November 20, 2023

Vicky Smith-Swain secures unanimous acquittal in rape trial after only seven minutes of jury deliberation. Vicky’s experience of dealing with young and vulnerable defendants helped her to understand the complexities of the Defendant’s Autism Spectrum Disorder and how that interplayed in his honestly held, yet mistaken, belief in consent. The Complainant and Defendant had been in an on and off relationship for 2 years since they were 13 and 15 years old respectively. The Defendant was accused of assault by penetration and rape whilst the Complainant had been sleeping, however he asserted his believed that the Complainant had been engaging in sleep sex role play at the time. The case utilised the s.28 Youth Justice and Criminal Evidence Act 1999 pre-recorded cross-examination procedure to assist the vulnerable child complainant and involved a detailed application under s.41 of that Act regarding the Complainant’s previous sexual behaviour. The case also involved special measures for the Defendant including the use of an appropriate adult throughout proceedings.

Vicky was instructed by Howard & Byrne Solicitors who also have extensive experience in representing neurodivergent and vulnerable Defendants.