Our client was found not guilty of rape following a trial in the County Court of Victoria.
Offence(s)
- Indecent assault
- Rape
- Sexual penetration of a child under 16
Relevant Legislation
- s 44(1) Crimes Act 1958 (now captured by s 40(1) of the Crimes Act 1958)
- s 38(1) Crimes Act 1958
- s 48(1) Crimes Act 1958 (now captured by s 49B(1) of the Crimes Act 1958)
Summary of the facts
Our client had a consensual, sexual relationship with the complainant in the late 1980’s-1990’s. At that time, the complainant was aged 14-15 and our client was aged 20-21.
Following the breakdown of that relationship, there was an agreed, planned meet up between the complainant and our client. It was during that planned meet up that a further act of sexual intercourse took place. The complainant alleged that this was as a result of our client having raped her.
Summary of the outcome
The matter proceeded to trial in the County Court, where after two trials our client was found not guilty of the charge of rape.
He pleaded guilty to other charges arising from the relationship with the complainant and was sentenced to a suspended sentence of imprisonment (which was available due to the time at which the charges took place), meaning he did not spend any time in prison at all as a result of the charges.
Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.
