Rape and Assault Charges – Not Guilty at Trial

The accused met a woman online who came around to his place in the early hours of the morning. They had both been drinking and smoked drugs.

Her allegation was that they had consensual sex but at one point she told him to stop and he did not.

In a Police interview he denied that he had been told to stop and stated that it was all consensual.

He was then charged with rape and sexual penetration charges, as well as assault.

Any charge of rape and most sex offences carry with them a significant actual gaol term. This was an “oath on oath” rape case as it was, in essence, two people’s version of the same event.

Kristina Kothrakis represented our client at the Melbourne County Court.

On the second day of deliberations, the jury returned a unanimous verdict of not guilty on all counts.

In sex offences cases such as these the jury are directed that they can decide simply based on the evidence of the complainant that it occurred. So for a defendant it can be just the complainant’s evidence with no other corroboration that is enough for a jury to find them guilty of rape or sexual penetration.

The result was obtained through preparing the case really thoroughly and thinking about what might be useful to add the defence. A lot of documents were subpoenaed to show that there had been more than one account of the events by the complainant. Phone records and bank records were also subpoenaed to check various pieces of evidence. The Barrister involved spent a long time working with the client and us on the case to make sure that what he put forward would make the case clear for the jury.

As with any sex offences case, the more thoroughly it is prepared, the better the chance of success.

Our client was found not guilty on all counts.

 


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 25/02/2013