Withdrawing a Rape Charge
This is one of our successful sexual offence cases that involves withdrawing a rape charge.
Our client was facing a charge for an alleged rape of a prostitute at a brothel. The allegation was that he became rough with the complainant, who told him to stop. He allegedly did not and instead pinned her down using his arm on her throat. She yelled out, and the owner of the establishment rushed into the room. This could be seen from CCTV footage. The client participated in an interview with the police where he said that when she said “stop”, he complied and did not continue.
A contested committal was conducted where some good evidence about what the owner of the establishment heard and saw was elicited. The matter was set down for trial. Prior to the trial, the prosecution offered to settle the matter on the basis of an Indecent Assault but we rejected this offer.
On the day of the trial, the complainant did not attend at court. The matter was adjourned to allow the prosecution a further opportunity to locate her. They were unable to do this and, on the return date, the complainant again did not appear. The prosecution then withdrew all the charges against our client.
Rape is a very serious offence that may lead to a lengthy prison term if an accused is proven guilty. Withdrawing the rape charge meant that the allegations against our client cannot be proven and hence he cannot be found guilty of the accusations thrown against him.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience.
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 19/12/2016