Appeal Against Conviction – Rape

Melbourne County CourtThis is a case study on an appeal against conviction for a charge of Rape.

Our client was in a relationship with a woman for around a year and a half. After they broke up, she made an allegation to the police that during the course of their relationship, she was raped multiple times by the client. The circumstances included that whenever he had been drinking and became angry at her for a reason, he would punish her by subjecting her forcefully to anal intercourse.

The complaint was made only a short time after they had broken up. The client was interviewed by the police and denied the allegations. He was later charged with 11 charges of Rape.

Kristina Kothrakis provided legal representation for the client at the Melbourne County Court.

This case is an example of what it means to persist until the desired outcome is reached. At the conclusion of the first trial, the client was found not guilty of 5 of the charges, and found guilty of 6 charges. He was sentenced by the trial judge to a term of imprisonment which he commenced serving. He was also placed on the Sex Offender Register for a period of life.

We found an irregularity in the way in which the first trial was run, and put in an appeal against the conviction for the charge of Rape to the Court of Appeal. This was successful. The case was sent back to the County Court for a re-trial.

The client was released from custody on bail, pending appeal. His trial was heard again on the charges which remained. For this, the jury found him not guilty of 1 of the charges, but were unable to reach a unanimous decision on the remaining charges. His trial was adjourned for re-hearing.

A trial was run again and the jury found him not guilty of one of the charges and were again unable to reach a unanimous verdict on the remaining charges. This was not the third time he had to endure the trial process. Although the prosecution could have run it a fourth time, it was put to them that to do so would be oppressive to the client. They made the decision then to discontinue the prosecution against him.

This meant that he was no longer required to be on the Sex Offender Register any longer, and he could finally move on positively with his life. This process took several years to conclude but the appeal against conviction for Rape ultimately succeeded. Kristina helped guide the client through every obstacle until the very end, when we finally obtained the result we’re after.
 

Elements of Rape:

  • The accused intentionally sexually penetrated another person.
  • The other person did not consent to the penetration.
  • The accused did not reasonably believe that the other person consented to the penetration.

 
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Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

Visit Kristina’s profile to read more about her background and experience.
 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 11/09/2019