| |

He Said, She Said: How a Not Guilty Verdict Was Secured in a Sydney Sexual Assault Trial – R v L

ByBlacktown Criminal Lawyers

When someone is accused of sexual assault in New South Wales, the legal system often comes down to one person’s word against another’s. In this case study, we explore how our client –  a young man from Sydney’s southwest – was found not guilty of all charges despite a serious complaint made against him by a former partner. The case highlights the importance of high-quality legal representation, the presumption of innocence, and the real challenges of prosecuting sexual assault cases in New South Wales.

The Allegations

In 2023, our client (whom we’ll refer to as “L”) was charged with multiple counts of sexual assault and aggravated sexual assault. The alleged complainant was his former partner from a relationship that ended more than five years ago. She alleged that during their relationship, L had non-consensual intercourse with her on several occasions. These allegations were made after their relationship had deteriorated and communication between the two had ceased.

Importantly, the complainant did not go to the police immediately after the incidents were said to have occured. Her report came years after the alleged events – a delay that became central to the case.

The Legal Framework

Under section 61I of the Crimes Act 1900 (NSW), a person commits sexual assault if they:

“Have sexual intercourse with another person without the consent of the other person, and know that the other person does not consent.”

This means that the prosecution has to prove, beyond reasonable doubt, that L engaged in sexual intercourse without the complainant’s consent, and that he knew she was not consenting.

The Role of Delay and Recent Complaint

The delay in reporting a sexual offence does not automatically discredit a complaint. However, it can create significant problems for prosecutors.

In this case, the defence relied heavily on the fact that the complainant had continued to communicate with L for some time after the alleged assaults. She had also posted positively about the relationship on social media and had never told any friends or family about the alleged conduct at the time.

While recent complaint evidence is admissible in NSW it cannot be used to prove that the sexual assault occurred, only to support the complainant’s credibility. The lack of recent complaint, combined with ongoing amicable communication between the parties, seriously undermined the prosecution’s case.

The Trial

During the District Court trial, the complainant gave evidence and was cross-examined by our legal professionals.

Our team was able to highlight inconsistencies in the complainant’s version of events, and drew the jury’s attention to the fact that there was no physical or forensic evidence, no contemporaneous complaint, and multiple instances where the complainant had continued affectionate and even romantic communication with L.

The defence also introduced character evidence including testimony from friends, family, and work colleagues who described L as respectful, gentle, and entirely incapable of the kind of violence alleged.

The Verdict

After a five-day trial, the jury deliberated for just under four hours before returning a verdict of not guilty on all charges.

The jurors later commented (informally, through counsel) that the case “just didn’t add up” and that the absence of supporting evidence, combined with the long delay and the ongoing friendly communication, left them with real doubt.

What This Case Tells Us

This outcome reinforces the principle that a person is innocent until proven guilty – a foundation of our criminal justice system. It also reflects the reality that not every allegation results in a conviction, particularly when there is no corroborative evidence and the complainant’s version is called into question.

Cases like this also highlight the importance of engaging a criminal defence team that understands how to challenge these allegations sensitively but robustly.

Resources and Further Reading

Have you asked yourself what to do if you’re accused of a sexual assault?

Find out more:

Want to learn more about our Sexual Offences Defence

Have questions about how the law applies to you? Or want to learn more about how the courts handle “he said, she said” allegations? Drop us a line – we’re here to help.

If you or someone you know has been charged with a sexual offence, it’s essential to get the right legal advice. Contact National Criminal Lawyers® today.

Proof: View the NOT GUILTY orders

Similar Posts