INDECENT ASSAULT - TRIAL - NOT GUILTY - FALSE ALLEGATION

Published 12 Sep 2011

CASE STUDY - Indecent Assault - Jury Trial

The Facts: Accused in a relationship with woman who had a 10 year old daughter. A number of allegations made of indecent assault including masturbation, inappropriate touching etc.

The Result: Not guilty on all counts. The child’s vivid claims were assisted by her gaining access to pornographic material which enabled her to give a description of the alleged assaults with great detail. Notwithstanding this, the child made numerous statements as she allegedly recalled things which contained significant discrepancies. Expert evidence was called for the defence to disprove some of the fanciful claims. The jury returned a verdict in quick time.

This case demonstrated yet again just how easy it is for a person to make a false claim. Whilst it is acknowledged that many persons are sexually assaulted and indecently assaulted, others make false claims. Fortunately the client sought the expert assistance of Philip Stewart, accredited specialist in criminal law specialist. The matter proceeded by way of committal hearing and jury trial.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.