Sexual Assault Charges Dropped

This week Astor Legal were successful in having sexual assault charges dropped after negotiations with the Director of Public Prosecutions (DPP).

Our client is a 21-year-old apprentice plumber who lived at home with his parents.

He had gone to the same high school as a female who he met on a night out. The pair added each other on social media applications (Instagram and snapchat) and began exchanging messages.

Ultimately they agreed to meet at the complainant’s friend’s house. Throughout the night our client consumed a significant amount of alcohol. The complainant also consumed a number of alcoholic beverages.

When our client arrived he was met by the complainant and her friend. He went to a bedroom with the alleged victim and after a brief discussion they engaged in sexual intercourse.

Afterwards, the complainant messaged her friend advising her that our client was still intoxicated and needed assistance leaving the room. It was apparent that she found the situation amusing as she also messaged, “lol”.

Our client then told her that he did not wish to see her again as he had a girlfriend.

Once he left, the complainant spoke to her friend and also phoned some family members. The next day she attended a police station claiming she had been sexually assaulted.

Police had her phone our client while they recorded the conversation, seeking to have him made admissions. Luckily, he denied the offence when she phoned him.

Our client was charged with sexual assault by police pursuant to section 61I of the Crimes Act 1900 (NSW). This is also known as sexual intercourse without consent.

He and his parents came to us distraught. After seeing our recent cases, they asked us how to get sexual assault charges dropped.

We immediately got to work and obtained messages between our client and the complainant which made it clear that she had in fact instigated the encounter.

We then wrote detailed ‘representations’ to the DPP highlighting significant inconsistencies in the complainant’s statement. Police had also photographed the room where the incident took place. Upon a close examination of the room, it became apparent that the incident could not have taken place as she suggested.

Representations are a formal legal document requesting the withdrawal of charges. It is also known as a ‘no bill application’.

Following extensive negotiations with the DPP, the charge was ultimately withdrawn while the case was still in the Local Court.

This saved our client significant time, expense and a lengthy District Court jury trial. He and his family were overjoyed with the result.