Rape – Not Guilty at Trial

The accused was 43-year-old with no prior court appearances. He met a woman via a dating website and after some initial online conversation, she invited him to her place. The two consumed some wine and the accused stayed over. The complainant told the accused that she slept naked, and she did so: he proceeded to get into bed with her, wearing only his underwear. She alleged that he sexually penetrated her while she was asleep and that she awoke to him having sex with her and told him to stop. The accused denied the allegations and pleaded not guilty, saying that the sex was consensual and that he stopped when asked.

The matter went to trial before jury. We represented him at the Melbourne County Court for the charge of rape.

Following trial, the jury found the accused not guilty and acquitted him of rape.


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