At MK Law, we are committed to defending the rights of the most vulnerable, and a recent case handled by Terisa Chaudary reveals the deep flaws that still exist in our criminal justice system—especially how, in some circumstances, victims of sexual violence are treated as suspects.
In August 2022, a young woman was arrested and charged with Outraging Public Decency after being raped in a public park. Instead of receiving the care and protection owed to victims of such a traumatic event, she was treated as a suspect from the very beginning. The incident took place in a South-East London park, where members of the public reported seeing her in a vulnerable state, bent over a bench, seemingly unconscious, and heard her saying “no.” Despite these clear signs of distress, she was not treated as a potential victim of sexual violence. Instead, the police charged her with public indecency, ignoring the possibility that she may have been assaulted.
Ignored evidence and missed opportunities
Despite the nature of the emergency call—made by a concerned member of the public who saw her motionless and heard her verbal objections—no forensic evidence was taken. The police failed to investigate the rape allegation entirely. There were three civilian witnesses who clearly described her as appearing unresponsive and objecting to what was happening. One witness even believed she was not consenting. Yet, the authorities still pressed charges against her for public indecency, completely disregarding the signs of non-consent.
When our client was first questioned by police, she had no legal representation. She was in shock, unable to remember what had happened, and confirmed she did not know the man involved—who was also later charged. Instead of launching an investigation into a potential sexual assault, the police charged her with exposure and handed her a court date. At her first appearance in the magistrates’ court, she was shocked when she was informed of the witness accounts and broke down in tears upon hearing that people believed she had been raped. Despite this clear evidence of trauma and confusion, the police pressed forward with public indecency charges.
Why it’s crucial to have a solicitor at a police interview
This case is a stark reminder of how critical it is to have a solicitor present at the police station. The interview stage is not just a “chat”—it can determine the entire direction of a case. What you say, or don’t say, can have long-lasting consequences.
When someone is frightened, confused, or traumatised—as our client was—it is easy to make incomplete or unclear statements that can later be misunderstood or used against them. A solicitor ensures that your rights are protected from the very beginning. They can challenge inappropriate or unlawful questions, clarify misunderstandings, and guide you through the process with both legal and emotional support.
Too often, people—especially those unfamiliar with the criminal justice system—believe that cooperating fully without legal advice will help their case. Sadly, as we’ve seen in this situation, it can lead to devastating outcomes.
Case discontinued, but the damage was done
It was Terisa who stepped in and fought relentlessly on behalf of the client. Terisa immediately recognised the injustice of the case and made strong, detailed representations to the Crown Prosecution Service, highlighting the grave errors and overlooked evidence.
Her commitment to justice and her compassion for the client were instrumental. She not only challenged the legal basis of the charge but ensured the client felt supported through an extremely traumatic process. Her efforts are a powerful example of why skilled, empathetic legal representation can be life-changing.
As a result of Terisa’s efforts, the case against her client was discontinued. But the emotional toll had already taken hold. This was her client’s first experience of the police. She had no previous convictions, yet she was treated with suspicion, not empathy. She is now understandably frightened to pursue the man involved, fearing further mistreatment and disbelief.
This case highlights not only systemic failings in how rape cases are handled, but also the urgent need for trauma-informed policing. Victims must be supported—not criminalised—especially when there is compelling witness evidence pointing to non-consent.
On the case, Terisa commented:
This case is a stark reminder that the criminal justice system can sometimes fail the very people it is meant to protect. Our client was vulnerable, alone, and possibly the victim of a serious assault, yet she was the one facing prosecution. The decision to charge her was not just misguided; it was a profound injustice. I am grateful we were able to achieve the right outcome, but I remain deeply concerned that this happened at all. We must do better for victims of sexual violence, ensuring they receive support and safeguarding, not suspicion and criminalisation.”
On the importance of legal representation at the police station Director Oliver Dean commented
This case illustrates the importance of having a solicitor at the investigation phase (police interview) of any case.
If this client had been represented it is likely she would have been advised on the situation and more importantly the solicitor would have been able to apply pressure to the officer in the case and the reviewing lawyer in the early stages but sadly here there was no one to scrutinise what the police were doing.
Fortunately this client subsequently was represented by Terisa who was able to act post-charge to ensure that a serious miscarriage of justice could be averted.
