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After being accused of rape by the woman he loved, a Sydney man had all charges against him withdrawn at Parramatta District Court, years after the fact.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 occurred after the Defence produced documents to show the woman made up the rape accusations. The woman had made the accusations to cover up her affair with the defendant. She did so when her husband became aware of her infidelity. The result was that the accused was 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Joseph Correy of Australian Criminal Law Group, represented the man from Western Sydney and successfully had the case withdrawn.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.
In preparing the man’s defence, Mr Correy painstakingly scoured thousands of communications to determine the truth of what happened the day of the alleged rape. These included communications between the complainant, the accused, the complainant’s ex-husband, housemate and landlord. 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 was extensive. They included;
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 the allegation was unsupported by any independent evidence. As such, they argued that the charges should be withdrawn.
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.
If you have been accused of a crime, get in touch at our Sydney, Parramatta or Blacktown office on (02) 8815 8167, email us at info@aclawgroup.com.au or send us a website enquiry.
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.
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 all criminal law matters. These range 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.
If you would like Joseph to represent your case, contact us at Australian Criminal Law Group on (02) 8815 8167, at info@aclawgroup.com.au or send us a website enquiry.