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Written by
Kristina Kothrakis
Criminal Defence Lawyer


Sexual Offences
A Case Study: Rape, Intentionally cause injury- Not guilty at Trial
Date: 01/09/2009

The Name of the Offence


Rape x 4, Intentionally cause injury x 2, Threat to kill x 1, unlawful imprisonment x1

Place of the event


Dandenong

The court attended


County Court Melbourne
Acting Solicitor: Kristina Kothrakis

Facts of the Case


The accused was married to the complainant for over 20 years.  The allegations were made to police following their separation in 2006, and were said to have occurred during the course of their marriage. They relate to incidents spanning from 1986- 2004. The complainant alleged that the accused would force her to have sex with him, and would use violence if she resisted.    She asserted that her injuries were witnessed by her children, and that she had complained to them over the years.

 

A contested committal was conducted in the Magistrates' Court,  where the complainant was cross-examined. During the Trial in the County Court, the complainant was again cross-examined extensively. She provided inconsistent answers at the Trial, to the answers given at the committal.   She poorly deflected questions directed towards her motive to lie.  She did not appear to be a credible witness.  Cross-examination was also conducted of her some of her children, who either provided inconsistent accounts, or contradicted the complainant's account completely.  It was put to the jury, that with all the  discrepancies and inconsistencies, they could not be satisfied of the accused's guilt beyond reasonable doubt.

 

The accused was acquitted on all counts.

 

Results Achieved


The defendant was found not guilty of all the charges
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