Rape – Found Not Guilty

This is a case study on a charge of Rape resulting in a not guilty verdict.
Our client was alleged to have raped his ex-partner after both had been out drinking. The relationship was in a state of uncertainty after an earlier break up. It was alleged after both returned home that our client raped the complainant. He was arrested and remanded in custody.

Our client was committed to stand trial in the County Court after the committal hearing. It was only after the committal hearing that were we able to apply for bail. His only accommodation was interstate, but we made numerous inquiries with the local police interstate to ensure at the bail application that we are able to put forward a reporting station, and also to ensure that we have a surety present at the bail application. Bail was granted and the matter proceeded to trial.
We represented the client at the Melbourne County Court.

Despite the client being interstate, meetings were facilitated between Counsel and the client well before the trial hearing to ensure that the matter was adequately prepared, and for the client to feel comfortable with Counsel.
It appeared on first impression that the case was very strong case against our client. But at the trial, numerous inconsistencies were found with the complainant’s evidence as a result of a proper and thorough analysis of the case by counsel and our firm. The jury handed down a not guilty verdict on both charges.

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