Attempted Rape Case

Case

Attempted Rape Case

Quick Facts

Our client was charged with attempted Rape and multiple charges of Sexual Assault.

He was alleged to have attempted to have sex with the complainant without her consent, and to have sexually assaulted her. 

Maximum Sentencing

25 years – standard sentence is 10 years.


What our client received

Attempted Rape charge withdrawn.  

Client pleaded guilty to the sexual assault charge and received a monetary Fine.

Case Background

Our client was originally charged with two charges of Attempted Rape, two charges of Sexual Assault and Assault with intent to commit a sexual offence.

Our client was living in the same house as the complainant – renting a property together as students. They had been housemates for some time, and on the particular night in question they had drinks together and our client thought that there was a relationship blossoming.

During the night, our client tried to kiss the complainant, and touched her breasts. Later, the complainant vomited due to her intoxication. Our client cleaned her up and put her to bed. The complainant alleged that in the morning, she awoke to our client attempting to have sexual intercourse with her.

The complainant reported the matter to police and our client was charged. Due to the serious nature of the charges, it intended for the matter to proceed by way of a Trial in the County Court.

Our client agreed that he had made a mistake, but disputed the exact details of what occurred, with the case turning on his intention during the night of the incident and the reliability of the complainant’s statement.

Result

After complex negotiations with the Prosecution, the matter ultimately resolved to a Plea of Guilty to two charges of sexual assault. The Prosecution agreed to withdraw the Attempted Rape charge against our client due to the nature of the evidence of the complainant.

A Summary Jurisdiction Application was then made for the matter to be heard by in the Magistrates Court and this application was granted.

Our client was then sentenced to a Fine, with conviction.  

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