Digital Penetration – Rape
Rape; Indecent Assault. Melbourne County Court.
The client was a massage therapist. It was alleged by the prosecution that the client had inserted his finger into the vagina of the complainant three times whilst performing a massage and massaged the complainant’s breasts.
The client attended our offices early and this assisted our office in properly preparing the case. During the committal hearing (the preliminary hearing) the complainant made certain concessions, namely that she had previously been the victim of sexual abuse and that she had been seeing a psychiatrist.
The complainant conceded that the breast massage was potentially consensual and that she was not sure if the penetration occurred more than once. This lead to the indecent assault charge being struck out at the committal, therefore the jury did not ever hear about the breast massage.
The other concessions were also very helpful from our client’s perspective, as he had no prior history and had denied all allegations. At trial the complainant was cross-examined on the above matters. Afterward, the jury could not be satisfied of the accused’s guilt. There was a hung jury, rather than a full acquittal, and so the matter was adjourned to allow time for the Crown to decide whether they would try to prosecute again.
In the interim period our office submitted a Notice of Discontinuance requesting that the prosecution desist in the prosecution of our client. The submissions was accepted and the prosecution withdrew the charges.
Given the potential consequences were both prison and registration on the Sex Offenders Register the client was extremely relieved at the outcome.