Alison Marks has successfully represented a vulnerable defendant facing a sexual assault allegation arising from an alleged incident on a late-night train journey. Following two Crown Court trials, both juries were unable to reach a verdict, resulting in two hung juries.

Following an adjournment for review, the CPS offered no evidence and our client was acquitted. 

The case has been ongoing since 2022 and involved complex issues concerning vulnerability, intent, and the reliability of allegations made in public transport circumstances, captured on CCTV.

Allegation of sexual touching on train

The defendant, a neuro diverse young man of previous good character with significant learning difficulties, was accused of sexual touching after allegedly making contact with the lower leg of a woman while standing near the train doors.

It was further alleged that he had followed the complainant prior to the incident. 

Our client’s consistent account was that he dropped a coin while waiting to disembark and may have accidentally touched the complainant’s foot in the confined space on a moving train.

Specialist sexual assault allegation defence strategy

From the outset, this case required a carefully structured sexual assault allegation defence, taking into account our client’s vulnerabilities and communication needs.

At the police station, Claudia Barker advised the submission of a prepared statement to protect the client’s position during interview.

We commissioned a psychological report to ensure the court fully understood the extent of our client’s learning difficulties.

Given his vulnerabilities, the court approved the assistance of an intermediary, Mairead Doubleday of Communicourt, to support him throughout the proceedings and ensure he was able to effectively participate in his defence.

This level of preparation was critical in ensuring fairness for a vulnerable defendant facing serious allegations.

Two Crown Court trials – Two hung juries

The matter proceeded to trial on two occasions in the Crown Court, with experienced defence counsel by Oliver Kavanagh and John Waller of 15 New Bridge being instructed to present the case.

On both occasions, the juries were unable to reach unanimous or majority verdicts. The prosecution requested a further adjournment to consider a third trial and whether to apply for a restraining, the clear opinion of the second trial Judge, was against both courses of action.  The CPS reviewed the case resulting in no evidence offered, and no application for a restraining order. The final outcome was our client’s acquittal after 3 years from the time of his police interview.

Our client’s future hung in the balance. If convicted he would be subject to automatic notification requitements on the sex offender register, and any future career choices severely restricted.

The stress of the proceedings and the stigma attached, impacted on his mental health, and resulted in huge stress on the rest of his family.

Our clients Dad left this touching review

Justice. Patience. Truth.

After three and a half years of unimaginable strain, uncertainty, and emotional weight, or sons case has concluded with a hung jury — and with it, the restoration of his good name.

From Croydon Crown Court to Kingston Crown Court, through long days of legal proceedings and the scrutiny of juries, this journey tested not only the legal system — but our endurance, faith, and resolve.

We extend our sincere gratitude to Counsel and the legal team — Oliver Kavanagh, John Waller, Alison, and intermediary Marie — whose professionalism, integrity, and humanity ensured that our son was understood not just as a defendant in a courtroom, but as a person. They approached this case with diligence, fairness, and respect for the truth.

Three and a half years of waiting.
Three and a half years of silent strength.
Three and a half years for justice to catch up with reality.

Today, our son moves forward — not defined by allegation, but by character. A young man who remains humble, compassionate, and grounded in family values. His spirit was never broken.”