A 17-year-old client was accused of rape, attends a police interview and was initially advised to remain silent. After seeking a second opinion from Doogue + George, we assessed the situation and recommended a follow-up interview to present their version of events. This strategic decision ultimately led police to cease the investigation and not lay charges.
What are the circumstances of the case?
Our client was 17 years of age when they were informed by police that they were being investigated for a charge of rape.
They were required to attend police for a formal record of interview. Our lawyers did not represent the client at this stage. Their former lawyers gave them advice to exercise their right to silence and answer no comment to the questions asked by police in the interview. This is standard and often appropriate advice, particularly if not a lot of detail is known about the allegations. The client was supported by a parent for the interview, as they were a child.
Following the interview, the client contacted Doogue + George for second opinion as to how to manage the police investigation. After meeting the client and getting details about the allegations and the surrounding context, our lawyers formed the view that the client ought to have answered questions in the interview. There were two key reasons for this:
- The issue of consent and reasonable belief in consent would be the key issue in dispute if they were charged. In those circumstances, and due to affirmative consent laws now in operation in Victoria, we suggested we contact police to be re-interviewed. Affirmative consent laws place an evidentiary burden of proof on the accused to prove (on the balance of probabilities) they said or did something to find out whether the complainant was consenting; and
- Our priority was avoiding charges if possible, and persuading police to stop the investigation before laying charges.
What happened following contact with Doogue + George?
Our lawyers contacted police and requested a further interview. Our lawyers explained to police that our client wished to provide their version of events to police. Police agreed to this course.
Once a date was arranged with police, our lawyers spent time with our client preparing for their second police interview. We spent time over the course of a few days drafting a written document setting out their recollections of what occurred in detail. We looked back through the client’s phone and tried to locate other evidence, such as text messages, to support their version. We also engaged in an instructions-taking exercise where our client was questioned by In-House Counsel about their version of events.
On the day of the police interview, our client took their written document into the police station and used this as an aid, as well as a copy of the relevant text messages that supported their version of events.
In providing the client’s version of events in the record of interview, the client satisfied the evidentiary burden to prove they had reasonable belief in consent in the sexual acts that took place. This was a strategically sound decision because their record of interview became an impediment to police charging as it impacted on whether there were reasonable prospects of conviction with police proceeding with a prosecution against the client.
What was the result?
Ultimately, police decided to cease investigations, the brief of evidence was not authorised by police, and our client was not charged. This was a favorable outcome for our client who did not have to defend themselves in stressful criminal proceedings.
The decision to provide a version of events or not will not always be the same in each case. It is critical that when obtaining pre-interview advice, a person obtains advice that is specific to their circumstances, the charges and considering the applicable law.
Holly Boylan
Holly handles cases that involve both summary and indictable matters. She appears at all courts in Victoria including the Supreme Court and Court of Appeals. Her excellence in the field led to her being recognised as a Recommended Criminal Defence Lawyer in Victoria in 2024 by Doyles Guide.Holly's approach to cases is marked by professionalism, compassion, pragmatism, and dedication.
View Holly Boylan's profile.
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 04/08/2025
