Sexual Penetration of a child under the age of 16
Charges
3 charges of Sexually Penetrating a Minor, 3 charges of Rape and 2 charges of Indecent Act with a Child. The matter was booked in for a two week jury trial in the County Court of Melbourne.
Facts
The allegations related to a number of serious sexual offences including rapes and sexual penetrations of children under 16. There were two female complainants, aged 13 and 14 years of age, making the allegations.
Results
Following submissions at the start of a two week trial, all three of the rape charges were withdrawn. This meant the jury was unable to consider much of the evidence. The trial proceeded on the remaining 5 charges ( 3 x sexual penetration and 2 x indecent act with a child).
The defence case was that the two complainants had colluded and were lying. Pre-trial enquiries revealed the criminal records of some prosecution witnesses, and phone records and other material that suggested collusion. This allowed us to attack the credibility of the complainants. The phone records contradicted what the witnesses had said whilst giving evidence, and made it clear that both complainants had spoken to each other on numerous occasions, despite their assertions that they had not. The criminal record check revealed prior matters in relation to armed robbery.
Following lengthy cross examination and the closing of the case the jury retired and within a day of deliberations returned verdicts of Not Guilty on all charges. The client had been looking at 4-8 years prison, but through a combination of detailed preparation and engaging legal counsel with decades of experience running jury sex trials, a Not Guilty outcome was achieved. For more information on sex offences click here.
