Life at the Bar – The Rapist from Iran

 

Although I have been in close proximity to quite a number of very violent men I have only been assaulted  twice in the course of my work. The first time was whilst I was still working as a solicitor and had been instructed to represent an Iranian man who was charged with a number of rapes. He was in his late twenties and, when I first met him, was quite charming. Because of the seriousness of the offences I instructed a QC to defend him.

The allegations divided into two groups. The first two were made by the same young woman, who said she had met the defendant in Covent Garden where he had told her he was a student, newly arrived in London and knew no one. She took pity on him and at the end of the evening she invited him to her flat. It was there that he had forced himself upon her on two occasions, despite her resistance. His case was that she was a willing participant in the sexual activity.  My client had left the flat the next morning and despite the police being called immediately they were unable to apprehend him.

The second set of offences was rather similar, but took place a few months later. Again he had met a young woman who was sympathetic to him and invited him back to her flat. What he was unaware off was that she was living with a female partner, who returned to the flat later that night and found the defendant with her lover who was clearly very distressed.  The partner called the police and he was arrested running away from the premises. Fountain Court Middle Temple

We made an application to sever the two sets of allegations and to our surprise the Judge granted it. My client was acquitted of the first group of rapes but was convicted of the second. His defence that the woman had consented was not believed by the jury, not least because her sexual preferences were quite clear. He was sentenced to seven years in prison.

Immediately after being sentenced he was held at Wormwood Scrubs and soon I began to receive letters from him telling me he wanted to appeal against his conviction. We had already told him he had no grounds to appeal when we saw him in the cells below the Old Bailey, but despite that oral opinion and knowing, as I did, that no appeal was possible, I did obtain a written advice from the silk in the case. I forwarded that to the prisoner and hoped that was the last of it.

A week or two elapsed and then the letters started again, begging me to file grounds of appeal. I ignored them. One day after I had been in court I returned to the office to find amongst the usual list of telephone calls to which I needed to respond, a message from the Probation Officer at the Scrubs. I returned his call and he asked me to come and see my client and explain why he was unable to appeal. I agreed somewhat reluctantly to see him the next time I was at the prison, which I knew was only a matter of a couple of days hence.

Once in the interview room I repeated the opinion of the QC and tried to explain why learned counsel thought the verdict was not appealable, in as simple a language as I could muster. The client became very angry and told me I was nothing more than a whore because I did not cover my legs and my head. I told him I was leaving. By this time, he was screaming abuse at me and as I stood up to leave he lunged across the table at me and grabbed me by one arm. He didn’t get any further, as the prison officers had heard him shouting and they seized hold of him by the scruff of his neck and dragged him away from me.

It was a distressing experience and I needed a stiff drink that evening.

Advertisements

Tags: , , , , , , ,

About scribblingadvocate

Born in Lancashire, Law degree from Sheffield University and MA in Creative Writing from Exeter. A barrister for twenty five years, who appeared in the Crown Courts in and around London until I retired and moved to live on Dartmoor. Married, no children but own an affable Springer Spaniel. I love reading and have written a novel called Crucial Evidence set in London Legal

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: