The accused was a 38 year old man with no prior Court appearances. He was charged with raping the complainant, with whom he had had a sexual relationship for the past 6 years.
What is alleged to have occured?
The complainant alleged that the accused had raped and physically assaulted her one night at her place after the two of them had tried unsuccessfully to find a third sexual partner online. The accused instructed that the sex was consensual and that the injuries suffered by the complainant came about as a result of her being extremely drunk and falling over.
What happened at court?
We represented the client at the Melbourne County Court for the charge of Rape.
The client pleaded not guilty throughout and took the matter to a trial. Pre-trial discussion was based on whether the complainant was a witness of truth – she had lied at the previous committal hearing and when confronted with numerous text messages of a sexual nature sent by her to the accused over the 6 month period following the alleged rape, she denied that she had sent them.
What was the result?
Given her risk of committing perjury further, the prosecution entered a nolle prosequi, withdrawing the charge against the accused.
What is alleged to have occured?
The complainant alleged that the accused had raped and physically assaulted her one night at her place after the two of them had tried unsuccessfully to find a third sexual partner online. The accused instructed that the sex was consensual and that the injuries suffered by the complainant came about as a result of her being extremely drunk and falling over.
What happened at court?
We represented the client at the Melbourne County Court for the charge of Rape.
The client pleaded not guilty throughout and took the matter to a trial. Pre-trial discussion was based on whether the complainant was a witness of truth – she had lied at the previous committal hearing and when confronted with numerous text messages of a sexual nature sent by her to the accused over the 6 month period following the alleged rape, she denied that she had sent them.
What was the result?
Given her risk of committing perjury further, the prosecution entered a nolle prosequi, withdrawing the charge against the accused.
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
