Clare Evans secures not guilty verdicts in assault by penetration of a child under 13 trial.

Clare's client was charged on single and specimen counts of assault by penetration. He was accused of digitally penetrating the vagina of his then 5 year old daughter when she stayed with him on contact visits. The indictment also included charges of sexual assault, causing a child to watch a sex act and engaging in sexual activity in the presence of a child. All counts related to his daughter.  Clare successfully made an application to dismiss the assault by penetration counts after her client was arraigned as the ABE was not served until after the PTPH. 

Poor ABE technique meant that the allegations of penetrative activity were not properly made out thus the two most serious counts on the indictment were dismissed. 

The jury was left to consider the 2 alternative counts, namely sexual assault of a child under 13. 

The 3 remaining counts were based solely on what the child had told her mother, her mother having covertly recorded the conversation she began, and then led, with her daughter on the topic. 

Only a successful hearsay application by the crown would have enabled these 3 counts to go before the jury, the child having made no mention of these allegations in her ABE.

A carefully worded, thoroughly prepared response and robust opposition at court to the crown's hearsay argument meant that the hearsay application was rejected. 

Clare's client was tried on 2 counts out of the 7 counts that had appeared on the original indictment. 

At trial Clare's client was found not guilty of the 2 counts he faced. 

Clare's client emailed her instructing solicitor the following day-

"Please pass on my heartfelt thanks to Clare and the team for doing an amazing job. I can now look to my future. I’m delighted with the outcome. Thank you so much."

Clare was instructed by Ben Weldon at John Onions Solicitors