Between 27-29 May 2024 our client was at his residence in Sydney with his ex partner. They were both socializing and drinking alcohol together.  Over this period, our client and the complainant engaged in consensual sexual intercourse.

On 29 May 2024, after the complainant and our client separated, the complainant made an allegation to the police that she had been sexually assaulted on four occasions over 27-29 May 2024.

The same day, 29 May 2024, our client was arrested and charged with four counts of sexual assault, contrary to section 61I of the Crimes Act 1900.

The maximum penalty for these offences is 14 years imprisonment.

Our client was initially refused bail and was remanded in custody. However, after engaging our Sydney criminal lawyer, our client was eventually granted bail by the NSW Local Court.

After reviewing the brief of evidence, in April 2025 our client pleaded not guilty to each of the charges and the matter was set down for trial at the Parramatta District Court.

In the lead up to the trial, our Sydney criminal lawyer issued several subpoenas to a number of the complainant’s mental health providers, with the purpose of obtaining information about the complainant’s mental health at the time of the alleged offences.

Because of the sensitive nature of the subpoenas, our client had to go through the Sexual Assault Communication Privilege (SACP) process, which required the leave of the Court before we were able to view any documents.

After a number of Court appearances, our Sydney criminal lawyer was able to access a number of crucial documents relating to the complainants mental illnesses, which assisted in the defence of our client.

On 9 March 2026 our client’s trial commenced. The complainant and a number of prosecution witnesses were cross examined and we were able to suggest to these witnesses that the complainant had made up the allegations due to concerns about custody of her children if she was found to have been willingly consuming alcohol with our client. Her motive to lie was was also impacted by her extremely poor mental health.

After three days deliberating, on 26 March 2026 the jury delivered a unanimous verdict of not guilty.