Discontinuance for Rape and Unlawful Assault

This is a case of discontinuance for Rape and Unlawful Assault.

What is alleged to have occured?
It was alleged that our client, whilst at his holiday house, took advantage of a guest who had consumed an excessive amount of alcohol. The claim was that any sexual interactions between our client and his guest were not consented to by the guest. He was charged with Rape and Unlawful Assault.

What happened at court?
Dee Giannopoulos acted on behalf of the client at the Melbourne County Court.

Any sexual assault was categorically denied by the client. He had a more reliable memory of events that took place on the night of the alleged offending and the days following it; and he instructed us that any acts which did take place were wholly consensual. Hence the client contested all the charges and a plea of not guilty was submitted to the court.

Prior to the committal hearing, we were able to go through the brief and the client provided us instructions about the surrounding circumstances relied upon by the complainant. We were starting to see a pattern emerge where the material the complainant was relying upon in support of her charges, were not being corroborated by other available evidence and other witnesses. This was explored at the committal hearing and many inconsistencies in the evidence before the court at the committal were revealed. The complainant also gave evidence that there were more witnesses who could provide statements to corroborate her evidence. The Police pursued that line of enquiry and, as it turned out, the statements that were provided to Defence had further inconsistencies to the complainant’s version of events. The Prosecution were advised of these inconsistencies by the Defence and further information was constantly sought leading up to the trial.

What was the result?
Following a contested committal in the Magistrates’ Court and several mentions in the County Court, and one week before the trial was due to start, the Prosecution filed a Notice of Discontinuance with the court. This discontinuance for Rape and Unlawful Assault meant that they were no longer going to pursue the matter as they also identified issues with the Prosecution’s case.

This is an amazing outcome for our client. Had the trial proceeded and he been found guilty by a jury, he would have received an immediate term of imprisonment. Now our client can move on with his life.

Dee Giannopoulosdee-giannopoulos-profile

Dee is based in our Melbourne office and appears at all Courts in Victoria. Dee’s commitment to her clients and her passion for justice drives her to achieve great results.

View Dee Giannopoulos’ profile.

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 06/03/2017