The accused met the complainant at his friend’s birthday party and they were intimate with each other on that night. The accused, his friend, the complainant and another girl known to them all arranged a week later to hire a hotel room together.
At the hotel the four formed into two couples and had sex. The accused ceased having sex with the complainant when he noticed that she was crying. He asked her what was wrong and she told him that she still had feelings for her ex-boyfriend. The complainant later complained that she had been raped.
Our client was charged with:
- Indecent Assaults
The accused faced two trials, the first ended without verdict because of a legal issue. At the second trial the complainant admitted that she had been actively kissing the accused during the penetration she alleged occurred without her consent. There were a number of matters that she admitted at the first trial that she would not agree to at the second trial until confronted with the transcript. These inconsistencies reflected poorly on her reliability.
The accused was found not guilty of all of the most serious allegations and was fined for touching the complainant’s breasts, during kissing, when she might not have been consenting.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience. You can also find him on Google+.
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