Rape conviction in ‘victimless’ prosecution

A man has been convicted of the kidnap and rape of his ex-wife in what has been called a landmark ‘victimless’ prosecution.

Jul 9, 2015
By Website Editor
Andy Prophet with PCC Jonathan Ash-Edwards

A man has been convicted of the kidnap and rape of his ex-wife in what has been called a landmark ‘victimless’ prosecution.

The conviction relied on the recording of a 20-minute 999 call made by the victim after she refused to give evidence.

On October 15, 2014, the offender, who has not been named to protect the victim’s identity, kidnapped his ex-wife, tied her up and raped her in a hidden dungeon at premises in Hackney, East London.

The court heard that the victim was sprayed with a substance that left her unconscious; her hands, feet and mouth were bound. She was placed in a dungeon where the defendant cut off her clothes and raped her twice. She was then left alone, before eventually cutting herself free and calling police.

Evidence also included the officers’ description of the scene on attendance. They had to call for further assistance in order to break into the premises and once inside they could hear the victim screaming and found her in a distressed state in the dungeon, which had been heavily concealed. Access was from a small hatch hidden within the base of a wardrobe.

The victim was interviewed by specially trained detectives but they believe she came under significant pressure from family members to withdraw the allegations.

The MPS said a prosecution was possible without her testimonial as a result of the latest Crown Prosecution Service (CPS) guidelines.

Detective Inspector Neil Rawlinson, of the Metropolitan Police Service’s (MPS’) Sexual Offences, Exploitation and Child Abuse Command, said: “This verdict marks a momentous milestone for all victims of rape. It is important to note that the victim in this case was fully engaged throughout the police investigation but at the point of the trial felt unable to attend. Due to the overwhelming evidence gathered by my officers, which supported all aspects of the victim’s account, the CPS agreed to proceed with the trial without the victim – a first of its kind for rape. My officers worked tirelessly with forensic experts to gather and present the best evidence possible, with their tenacity being reflected in this outstanding outcome at court.

“Offenders often exert power and control to silence their victims but this sentence shows that we can give scared victims a voice and bring offenders to justice despite their perceived power. I would urge anyone who has been the victim of sexual assault to report to police – we can provide specially trained officers to support victims and obtain the best evidence possible.”

On Monday (July 6) the defendant was sentenced to 14 years’ imprisonment following his conviction on July 3 for two counts of rape (14 years for each), kidnap (seven years) and false imprisonment (four years), at a trial at Snaresbrook Crown Court. All sentences are to run concurrent.

Officer in the case, Detective Constable Adam Knott of the MPS’ Sexual Offences, Exploitation and Child Abuse Command, said: “This case clearly demonstrates that we will do all we can to prosecute offenders of this horrendous crime.

“By gathering evidence from a variety of sources we have shown that it is possible to bring offenders to justice even without live victim testimony in court. I am pleased the jury saw through the deception portrayed by the defendant and came to the right decision.”

A second defendant was found not guilty of rape and false imprisonment. The jury was unable to reach a decision on one charge of kidnap. A decision on whether there will be a re-trial will be made in due course.

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