Charges dropped against client charged with Indecent Exposure

Charges dropped against client charged with Indecent Exposure

Lily Nutbrown was recently instructed by a Client who had been charged with 1 count of Indecent Exposure contrary to Section 66 Sexual Offences Act 2003 and was due to appear in Court to face this charge.

Background:

The allegation arose from an incident in which the client, whilst intoxicated, was said to have stood naked outside a neighbour’s property. The incident was captured on a Ring doorbell camera.

The client had not been legally represented during his police station interview. He had no recollection of the incident due to his level of intoxication, but accepted that he was the individual shown in the footage. On the basis of this admission, he was subsequently charged.

Our Approach:

Prior to the first hearing in the Magistrates’ Court, the Crown Prosecution Service (CPS) will serve a case bundle, which includes evidence such as witness statements and supporting exhibits. We conduct a careful and detailed review of these papers focusing in particular on whether the elements of the offence are properly established.

Lily Nutbrown quickly identified that indecent exposure is a specific intent offence requiring intent both for the exposure to be seen and to cause alarm or distress. Given the client’s level of intoxication, he was incapable of forming that intent. Representations were made to the CPS on this basis, arguing that the evidential threshold was not met.

Outcome:

The CPS agreed, and the charges were withdrawn, resulting in no further action against the client.

Client feedback:

The client was very happy with the result – stating as follows:

“Lily was amazing. From the initial enquiry, matter was dealt with quickly. Lily very professional \ knowledgeable, good communication plus great recommendations going forward with my case. Would have no hesitation using Lily / Richard Nelson  LLP again, thanks”