We represented a client, R, who faced trial in relation to multiple counts of rape, controlling behaviour and making threats with a blade.
Background
The allegations were reported by R’s wife (M). The wedding was arranged and took place in Bangladesh, after which an application was submitted to the Home Office for a spouse visa to allow M to join R in the UK. The application was eventually granted and M joined R in the UK where she resided with his family.
Three months after arriving in the UK, M contacted police and reported R had raped her on several occasions, both in Bangladesh and the UK. She also alleged she had been controlled by R and his family in that she was:
- forced to complete household chores,
- prevented from having any contact from her family and,
- confined to her bedroom.
On the day the allegations were reported to police, M alleged she had been threatened by R with a knife. She also alleged she had been assaulted, resulting in her fleeing the home address.
The defence case
R strongly denied the allegations. His case from the outset was that M had reported the allegations in order to facilitate her remaining in the UK without the need to remain in the relationship (as stipulated by Home Office regulations).
Rigorous disclosure requests by us revealed inconsistencies in M’s account, namely that she:
- had engaged in extensive contact with her family after arriving in the UK,
- spent significant amounts of time outside of the home address and,
- had submitted an application for Indefinite Leave to Remain (ILR) on the basis she was the victim of domestic violence. This was done just three days after reporting the allegations to the police.
Outome
Following a trial lasting nine days, R was found not guilty of all counts save for one offence of common assault, for which he received a fine. He was released from custody immediately.
R was represented by Senior Supervising Caseworker, Kevin Williams, under the supervision of Will Russell, with Quinn Hawkins of 2 Hare Court Chambers instructed as counsel.
