Case Summary
A man in his 70s faced rape and related charges arising from allegations concerning events said to have occurred approximately 20 years earlier.
The client denied engaging in any sexual activity with the complainant, who alleged that she had been raped while asleep.
Given the seriousness of the charges and the potential consequences of a conviction, the matter required a detailed examination of the evidence and a careful presentation of the defence case.
The Challenge
The prosecution case included evidence placing the client in the complainant’s bedroom when she was underage. However, a number of eyewitnesses provided evidence that substantially contradicted the complainant’s account.
The allegations carried the prospect of a lengthy term of imprisonment, potentially exceeding 10 years, as well as significant personal and reputational consequences.
A key challenge was to address the evidence objectively and demonstrate the inconsistencies between the complainant’s account and the evidence of other witnesses. The defence also needed to establish the chronology of events, including how the allegation had emerged.
Our Strategy
Sam Norton’s defence strategy focused on carefully examining the complainant’s account against the available evidence, particularly the testimony of eyewitnesses whose evidence substantially contradicted her allegations.
The defence established a chronology of events, drawing attention to evidence that the allegation may have developed following a conversation in which the complainant was told of a rumour that she had been raped.
Given the sensitive and emotional nature of the allegations, it was also important to ensure that the jury assessed the evidence objectively and determined the case on the evidence presented in court.
The defence focused on identifying inconsistencies in the prosecution case and testing whether the allegations could be established beyond reasonable doubt.
The Result
The jury acquitted the client following a relatively short period of deliberation.
An acquittal in a case involving such serious charges was a significant outcome, particularly given the potential for a lengthy prison sentence.
The result demonstrated the importance of carefully testing the prosecution evidence, examining inconsistencies in witness accounts and ensuring that the jury considered the case objectively.
Why Experience Matters in Criminal Defence
Serious historical sexual offence allegations require a detailed and considered approach to the evidence. Where allegations concern events said to have occurred many years earlier, witness accounts, the chronology of events and inconsistencies in the evidence can be central to the defence.
Stary Norton Halphen & Galbally has extensive experience defending serious criminal charges in Victoria. Our approach involves carefully examining the prosecution case, identifying evidentiary issues and presenting a clear, structured defence.
For anyone facing serious criminal charges, experienced legal representation can be critical to ensuring that the evidence is properly tested and that their rights are protected throughout the criminal justice process.
Disclaimer: The case results featured are real matters handled by our firm. However, every case is different and outcomes vary depending on a range of factors, including the specific facts, circumstances and evidence involved. Past results are not a guarantee of future outcomes and should not be relied upon to predict or determine the result of your matter.