Discontinuance – Incest
This is a case of discontinuance for an Incest charge.
Our client was charged with incest relating to offending against his sister. The allegation was that when he was aged between 14 and 17, and the sister aged between 9 and 11, he forcibly raped her on repeated occasions at the family home. The complaint to police was over 40 years later. The client participated in a record of interview and denied the offending.
This was a challenging case for many reasons. Firstly, due to the passage of time since the offending was said to have occurred, there were many aspects of the complaint that could not be tested. For instance, the complainant said that the parents witnessed one of the occasions when they came home unexpectedly. Both parents have however since passed away and so are not available as witnesses.
Similarly, there was a sister who apparently knew of what was going on. She too has since passed away. In cases where there is little more that an accused can do than deny the offence, it becomes important to look critically at other aspects such as the credibility of the complainant. In this case, we had knowledge that the complainant had a history of very unusual and bizarre behaviour over the years. She also had mental health issues which we were aware of.
We made application to the court to access her medical history. We investigated the complainant’s bizarre behaviour and were able to secure witnesses who were willing to come to court to give evidence about their experiences of her. This approach is somewhat unusual and could potentially subject us to an adverse ruling from the judge regarding our ability to do it. However we got around the issue by submitting the topics for cross examination in advance, so that they can be ruled on prior to.
We demonstrated throughout the process that we were going to make it very difficult for the prosecution to win. Accordingly, the day before the trial was due to commence, the prosecution entered a notice of discontinuance for the Incest charge. It was a fantastic result and was a testament to the hard work that was put into the preparation of the case.
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 11/01/2018