94% SUCCESS RATE FOR 2014 (Period between Dec ’13- Dec ’14)
Mags and Crown Court trials- 88% WIN RATE

Our team at Rustem Guardian understand that being falsely accused of a sexual offence, including an allegation of rape, is a most distressing time for you and your family. We understand the pressure and stigma for those accused of such offences and the impact it can have on families and so we provide a sympathetic approach to all those involved and we are discrete and sensitive when advising our clients.

Our first priority when helping clients in custody is to consider all avenues to secure their release as soon as possible in the circumstances. We recognise the importance of the support from family and friends. We put the family at the core of the defence team to listen to their views that may help your Defence. This will be subject to the rules of confidentiality and be dictated by the will of our client. In many cases we are appointed by the family or friends of clients.

Our solicitors are experienced in defending the widest range of sexual offences which is a complex area of law involving challenging issues. You are in a vulnerable position when falsely accused of a crime of sexual offence and therefore you will need the best legal advice and representation as soon as possible to ensure that your rights are protected.

We have a wealth of experience in fiercely protecting a client’s reputation and will seek to challenge the case at an early stage with the aim to stop proceedings wherever possible. The firm’s team of solicitors have a formidable reputation for representing clients at the early stage of police questioning, which results in a high percentage of clients being released from further investigation and charge. Of all those clients we represent at the police station stage – 45% are NFA’d and no longer investigated.

Our team provide support and critical legal judgement: Timur Rustem will build the team around your requirements to ensure you have the most experienced case management team. Mr Rustem leads a small but dedicated team including subject-matter lawyers, senior barristers, as well as links to our long term trusted enquiry agents; available for discrete investigations on your behalf.

At Rustem Guardian we are able to signpost and refer you to other professionals who can advise where necessary. We also understand that media intrusion can often result in such allegations and we offer advice on how to deal with this.

We take conduct of cases throughout the country and if necessary will travel abroad to obtain evidence to support your defence. We often take instructions from clients who are in custody and don’t allow this to effect the preparation for a trial or appeal. We are very proud of our 88% success rate at trial (period Dec 13 – Dec 14).

Historical Sexual Offence Allegations

Rustem Guardian understand there is no easy way to approach the subject of historical sexual allegations. Often such false allegations give rise to issues relating to family law, especially when the allegations emanate from within the family unit. To be faced with an allegation of a historical sexual offence can be a terrible shock and carries a grave stigma.

This type of false allegation is one of the most emotive and challenging aspects of sexual offences defence work due to the fact that the prosecution is often based on the victim’s word against that of the defendant. It is well known that defending these false allegations is undoubtedly difficult and there is a high rate of conviction as in most instances they involve a victim who was a child at the time the allegation took place. However, Timur Rustem, the managing partner who heads this department, has achieved excellent results in these cases due to his attention to detail, formidable case preparation and use of leading experts and barristers in this area.

From the Police Station through to the Crown Court, Rustem Guardian provides a thorough and meticulous service. Often important evidence is overlooked or not pursued by the prosecuting authorities. We are tenacious in tracking down such evidence even when the allegations date back a number of years.

If you require legal representation at any stage then please contact Timur Rustem.

Voyeurism

At Rustem Guardian, we specialise in defending those falsely accused of a sexual offence. As a result of our extensive experience in defending a broad range of Sexual Offences cases we have built a significant practice in this area to include those falsely accused of Voyeurism.

This is the practice of spying on people engaged in intimate behaviours, sexual activity, undressing or other actions usually considered to be of a private nature.

The distinguishing factor that determines if a person is committing voyeurism is that the voyeur does not interact directly with the subject of interest and the subject is most often unaware of being observed. The essence of voyeurism is the observation of another in secret, however in some cases it can involve the making of a secret photograph or video of the subject during an intimate activity.

With the increased use of technology and readily available covert recording devices for home security and privacy etc, we have seen an increasing number of misdirected prosecutions in this area.

We will seek to challenge the case at an early stage, seeking to stop proceedings wherever possible. We are robust and fearless in the defence of our clients. From the Police Station through to the Crown Court, Rustem Guardian provides a thorough and meticulous service.

Sex Offenders Register

With the rise in the number of sexual offences reported in the last ten years, the criminal justice system has become more responsive to allegations of sexual offences. The Police have dedicated teams working with those individuals who make a sexual offences complaint and there is a range of statutory special measures for children and vulnerable witnesses giving evidence. If you face an allegation of a sexual offence there is a very high risk of being placed on the Sex Offenders Register should you be convicted. At Rustem Guardian, we have a highly experienced team who understand the complex challenges of the Sex Offenders Register and are best suited to defend your case at any stage.

The Sex Offenders Register is a catalogue which contains the details of any individual convicted, cautioned or released from prison for a sexual offence against children or adults since 1997. It is not retrospective which means that no person will be named in the Register if they were convicted before 1997.

People convicted and put on the Sex Offenders Register may be obliged to notify the police of all their movements or comply with orders limiting their free will and activities they wish to undertake. Indeed, a person placed on the Sex Offenders Register may be prohibited from working in certain jobs, especially those which require contact with children.

The team at Rustem Guardian work meticulously with the evidence to ensure that registration is avoided or at the very least that any orders put on a client are reasonable and do not pointlessly restrict freedoms or work opportunities.

Appealing Wrongful Sexual Offence Convictions

Mr Timur Rustem, who leads the Sexual Offences department, often represents clients already convicted of sexual offences but who maintain their innocence. We believe that there are many individuals who have been wrongfully convicted and we will work with families and friends at whatever stage of an Appeal. It is often not just the client who is the victim, but it is the families, friends and supporters in the miscarriage of justice and we recognise the vital role they play in their fight for freedom and to clear their name and reputation.

We provide family members or friends a free consultation to meet directly with the managing partner, Mr Timur Rustem, who will offer an important second opinion and expert advice on whether there is an opportunity for an Appeal. It is often the case that clients, their family and friends, either do not understand how the court proceedings operate, or they feel they have been neglected and ignored by their previous legal team.

If our legal team takes on your appeal, we will automatically examine the grounds of sentencing looking at whether it is reasonable or manifestly excessive (unreasonable) and we can instruct counsel (a Barrister or QC) to examine all arguments for a reduced sentence. In challenging a sentence, counsel will look to the points of law and whether the circumstances for appointing such sentence are reasonable or not.

The second area we can look at on your behalf is Appeal against Conviction. There are three areas where a challenge against conviction can be sought:

Section 1

  1. The previous legal team’s case preparation and whether there are notable points of negligence;
  2. Trial preparation and whether the solicitors failed on a point of process;
  3. Performance of Counsel at trial.

Section 2

The Trial Process and whether any irregularities were identified during the trial. Also the rulings and conduct of the Judge, particularly on points of law and summing up to the jury.

In most cases we will request transcripts from the trial for analysis.

Section 3

Fresh evidence: there is a possibility to use fresh evidence which was not available at the time of the original trial. This could be a crucial defence witness, forensic or CCTV evidence, evidence on a social media site etc. This will be identified not only from a thorough analysis of the evidence but also from lines of enquiry identified by the client.

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