Man falsely accused of rape walks free after SMS obtained from complainants phone proves innocence.
After being accused of rape by the woman he loved, a Sydney man had all charges against him withdrawn at Parramatta District Court, years after the fact. The withdrawal of the charges against the man occurred after the Defence produced documents to show the woman made up the rape accusations to cover up her affair with him when her husband became aware of her infidelity. The accused was then charged with sexual intercourse without consent, a crime he didn’t commit.
Leading sexual offence defence lawyer in Sydney, Joseph Correy of Australian Criminal Law Group, represented the man from Western Sydney and successfully had the case withdrawn. This was a significant win and no doubt relief for the accused. Had he been found guilty of the false rape accusations; he would have been facing a maximum penalty of up to 14 years imprisonment.
Building the defence that saw rape charges withdrawn
In preparing the man’s defence, Mr Correy painstakingly scoured thousands of communications between the complainant, the accused, the complainants ex-husband, housemate and landlord in order to determine the truth of what happened the day of the alleged rape. In so doing, Mr. Correy was able to effectively establish that the complainant was lying about the rape allegations. It was also discovered that the complainant had previously made similar claims of rape against her ex. husband.
The nature of the communications that were reviewed by the defence team to establish the falsity of the claims of sexual assault were extensive. They included;
- SMS messages between the accused and complainant on the complainant’s mobile phone.
- Messages on Facebook messenger between the accused and complainant.
- Messages on Facebook messenger between the accused and complainant’s husband.
- Messages on WhatsApp messenger between the accused and complainant
- Messages between the accused and the complainant’s housemate (regarding claims made as part of witness report).
- Message between the accused and the complainant’s landlord (about the noise they made when he stayed over).
- Accused messages to the complainants ex. Husband.
These were translated to English and provided to the Director of Public Prosecutions (DPP).
The defence argued that the communications were “damning to the complainant’s honesty and reliability”. They also highlighted that there the allegation was unsupported by any independent evidence and, as such, argued that the charges should be be withdrawn.
Australian Criminal Law Group go over and above to defend the falsely accused
This is a prime example of a case requiring significant work by the defence in obtaining documents to prove innocence, as opposed to dissecting evidence provided by the prosecution. This is why Australian Criminal Law Group are recognised as the best criminal lawyers in Sydney.
With a passion and proven track record for delivering the best results for their clients, the criminal law team at Australian Criminal Law Group work tirelessly to provide the best defence with unrivalled professionalism and leading criminal law expertise.
Sexual Intercourse Without Consent
Sexual Intercourse Without Consent, is a serious offence. It is described under Sexual Assault offences in section 61I of the Crimes Act 1990. It carries with it a maximum penalty of 12 years (if acting alone) to 14 years (if in company) imprisonment if found guilty.
Sexual assault deals with a broad range of sexual offences, including intercourse without consent, and is described in The Act as;
“Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.” 1.
Read more about sexual assault offences, defences and penalties here.
About Leading Sydney Criminal Lawyer Joseph Correy
Joseph Correy is the co-founder of Australian Criminal Law Group and one of Sydney’s best criminal lawyers. Joseph represents clients across all Sydney and NSW courts on matters ranging from murder and manslaughter, drug importations, grievous bodily harm and serious sex offences to less complex cases including possession and firearms offences.
Recognised by third party industry bodies and review panels as the best criminal lawyer Sydney, Joseph consistently gets the best results for his clients.