We recently represented a client facing 7 serious charges of aggravated sexual penetration without consent. The client came to us from another firm with a trial listed for 4 days in Perth District Court. The charges related to the client’s ex wife and had been pressed by the complainant during an acrimonious family court dispute.

On transferring to our firm, we identified the following major issues with the State’s case:

• the complainant appeared to be having an affair with a police officer at the time of the alleged incident, and had texted this officer instead of calling ‘000’ during the alleged incident;
• the complainant appeared to have targeted our client for an immigration scam, using our client for a visa and making the complaint to ensure her citizenship application was approved;
• the complainant appeared to only have pressed the charges as a result of the family court dispute over money; &
• there were numerous issues with the State’s case theory including it being inherently improbable.

We engaged in extensive preparation for the trial, including summonsing critical evidence for the defence case which included call charge records for the complainant and the officer’s mobile phones, as well as the complainant’s citizenship application.

At trial, we presented a detailed and comprehensive defence. Cross-examination of the complainant took over 6 hours, and we led evidence from the client which took place over two and a half days of court time. The trial ultimately took eight days to conclude.

It took the jury just 1 hour and 22 minutes to acquit our client, ultimately accepting our submission that the charges were false and malicious. Fortunately for the client, this long-running ordeal is now at an end.

This case illustrates yet again that sexual assault allegations, particularly in the context of a marriage, can be brought for reasons other than that the offence actually occurred.