SEXUAL ASSAULT - PHILIP STEWART

Published 12 Sep 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter  - Sexual Assault, Indecent Assault, jury trial

Nyman Gibson Stewart

Criminal Lawyers

Lismore District Court

Represented by Solicitor: Philip Stewart

Facts: Client charged with sexual assault and a number of indecent assaults. Complaint was made by the alleged victim to a number of people shortly after the alleged incident. The victim named the accused.  Both the client and alleged victim had consumed alcohol. 

The victim gave police a description of the area where the incident occurred.  The police officer took photos.

The accused denied the offences or even being present.  The issue was the reliability of the victim’s evidence

Result: Not guilty on all counts.  It did not take the jury long to reach this decision.

The description of the location where the assaults occurred did not match the evidence given by the victim.  The houses pointed out by the victim did not match the description that she gave police. The version of complaint given by the victim to various people changed as the story was re-told and changed again when her evidence was given. CCTV footage cast doubt on her recollection of events prior to the alleged assaults.