Sexual Assault Charges Dropped Within Weeks
Astor Legal successfully had another client’s sexual assault charges withdrawn at an early stage following negotiations with the Director of Public Prosecutions (DPP).
Our client is a 38-year-old engineer who was in the midst of a messy divorce and separation from his wife. There had been ongoing issues for some time.
Ostensibly to gain the upper hand in family law proceedings, his wife fabricated a number of sexual assault allegations against him. Police arrested him and bail refused him. They also applied for an AVO which prevented him from contacting his wife or his children.
Our client initially retained another law firm and was refused bail in the Local Court. After he retained us we made a successful Supreme Court bail application. This required offering an onerous ankle monitoring condition, daily reporting, the surrender of a passport and a surety to surrender $50,000 to the court.
Following his release, we began preparing representations to the DPP for the withdrawal of the case.
Central to this was highlighting that our client’s wife had obtained legal advice from a family lawyer shortly before making the complaint to police. We were also able to subpoena text messages and phone records. These painted a story that was in stark contrast to the wife’s version. Importantly, there was no complaint of sexual assault in the text messages.
Within weeks we were able to file the representations with the DPP while the case was still in at Campbelltown Local Court, using our proven formula for how to get sexual assault charges dropped.
Ultimately, on the next court date the DPP chose to withdraw all charges against our client. Shortly afterwards we were also able to get the AVO dropped.
As a result of our efforts, our client is now free to spend time with his children without any restrictions.