Julia Flanagan represents solicitor acquitted of 'stealthing' offence.

Julia Flanagan, together with Sarah Forshaw KC, represented a City solicitor accused of having raped another man by means of ‘stealthing’. The complainant alleged that he had clearly only given consent to sex, conditional upon the use of a condom and that the defendant had taken him by surprise by engaging in sex from behind without wearing a condom.

The trial threw up significant difficulties in obtaining disclosure of the complainant’s medical and mental health records and full telephone and internet records. The defence refused to back down in the face of the prosecution refusals to provide this material, eventually obtaining a number of court orders to force the Crown to provide the material requested.

This material, plus extensive material discovered by the defence themselves, enabled the defence team to show the jury that the complainant was likely triggered to make a false allegation by his own significant mental issues. Messages he exchanged with friends also demonstrated that the complainant had given inconsistent accounts of the event and that he showed an interest in potential financial compensation for himself.

The CPS instructed Kings Counsel, junior counsel and a disclosure junior counsel to prosecute the case.

The defendant was swiftly and unanimously acquitted.

There are reporting restrictions in this case.

Julia was instructed by Diana Payne of Blackfords LLP.