Serious sexual intercourse without consent charge withdrawn after extensive negotiations, saving legal costs

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Our 28-year-old client who worked as a nurse in a Sydney Hospital was charged by police. He was faced with charges of sexual intercourse without consent and another count of sexual touching. The case involved our client being invited to the alleged victim’s home for her 20^th birthday party. There were over 10 people at the party. Everybody, including our client and the victim, were drinking alcohol over many hours.

As the party went into the night, everyone had left the alleged victim’s home. The alleged victim had requested that our client return to her home to help her clean upas she was alone. Our client who had earlier left the party, returned to her home to help clean up.

The police alleged that at this time, our client took advantage of her state of intoxication, took her into her bedroom before sexually assaulting her before taking her clothes off. Amongst the allegations, police alleged that our client forced himself onto her, had sexual intercourse before first touching her between her legs with his hands. The alleged victim allegedly went in and out of consciousness during this time due to her state of intoxication.

Our client contacted our CDLA team when our Principal lawyer Jimmy Singh spoke to him and immediately started work, contacted police, obtain the evidence, reviewed it and provided a complete case analysis. Our client, as a result was granted bail, and after long and extensive negotiations with the DPP lawyer and barrister, managed to get the charges withdrawn and dismissed early.

After carefully assessing the police brief of evidence, our Jimmy identified critical fallacies in the evidence. Our clients instructions were that she was fully aware of what she was doing that night, and consented to all sexual activity. In fact the alleged victim was also the initiator, who was sexually touching our client throughout the night.

Our client, who’s professional and personal life had turned upside down, was able to get his nursing job back after the charges were dropped before the matter even going to trial. He was finally able to get on with his life.

Published on 28/09/2021