The Defence Team at Sydney Criminal Lawyers has once again convinced the DPP to drop charges of ‘Sexual Intercourse Without Consent’.
Our 27 year old client was a friend and colleague of the complainant before they commenced an intimate relationship. Although the relationship broke down after several months, the pair continued to work together for the same business.
They attended the staff Christmas party in Sydney where they both consumed several alcoholic drinks. The event finished at around midnight and the pair attempted to find public transport, without success. They then agreed to catch a taxi together to the complainant’s unit.
It is alleged that whilst inside the unit, our client forced himself onto the complainant and had sexual intercourse with her.
The pair exchanged several text messages over the next few days during which, according to the police ‘facts’, our client ‘apologised and begged the victim not to contact police as it would ruin his life’.
Our client was adamant that the sexual intercourse was consensual and that his fears were not because he was guilty, but due to the fact that any such report could cause him to lose his job and reputation.
Our team quickly subpoenaed the telephone records of both parties and all relevant CCTV, which revealed several notable inconsistencies in the complainant’s statement. It also supported our client’s instructions regarding the basis of his fears.
A detailed letter was prepared and sent to the DPP requesting withdrawal of the charges on that basis, and after a series of discussions, the DPP dropped all charges against our client.
The case is yet another example of how a pro-active defence can often lead to charges being dropped, which saves the client from going through months or even years of anxiety and stress, not to mention expense.