The Queen v. (Client Name Witheld)

  • 6th November 20136/11/13
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Client’s Problem

The client was charged with two counts of sexual assault following two nights in which he slept at his friend’s sister’s house. The two nights were a month apart. A week after the latter night, the sister complained to the police she had been sexually assaulted in her bedroom which she slept with the client.

Instructions

Defend the charge. The client insisted he was innocent.

Trial Evidence

The complainant testified that she was sexually assaulted on the two occasions when the client slept over. She did not want to have sex with him. Further the sex they had was forced and very rough. She had received injuries on both occasions resulting in bruising. Following the last assault she showed the police her bruises.

The complainant was unable to explain why the police had no record of any bruising and did not take any photos of her injuries. She was not able to explain why she had invited the client over a second time after he had raped her on the first occasion. She was also not able to explain her delay in going to the police: a week after the second rape.

Most significantly, the complainant was contradicted on the statements that she had given the police.

The client did not testify.

Judge’s Ruling

Client was acquitted of both charges. The complainant’s evidence was not worthy of belief. The Crown had not proven its case beyond a reasonable doubt.