Eloise Emanuel appeared at the Youth Court as sole Counsel to represent the Defendant, a teenager, at trial. The allegation was one of rape, in which it was alleged the Defendant, then 16, had spiked the drink of a child and gone on to violently rape the child on a train, before abandoning them at a train station and running away. The child was hospitalised.
Following the close of the Prosecution case, which involved the cross-examination of the child complainant, together with a number of other child witnesses, Eloise made a successful submission of No Case to Answer, bringing the proceedings to an end, and the Defendant’s acquittal.
The Youth Court is specially designed to take a different approach to criminal behaviour where the defendant is a child, and addresses the unique needs of children who are still developing but who, nonetheless, have been accused of often serious criminal behaviour. Representing children in the Youth Court adds a significant layer of complexity which is often problematic for those who do not specialise in this type of work, and this case again highlights the importance of obtaining specialist representation to assist children and their families navigate this challenging and sensitive area of law.
The Defendant’s father wrote to the defence team after the acquittal, in which he said this: ‘Please pass on our heartfelt thanks to Eloise and your team for all your diligent hard work and commitment to [our child’s] case throughout, it is so appreciated. I am glad that justice did prevail in the end.’
Eloise was instructed by Alexa Clement, Senior Associate Solicitor & Team Leader at Reeds Solicitors.
Eloise Emanuel