SEXUAL ASSAULT - INDECENT ASSAULT - DNA EVIDENCE

Published 12 Sep 2011

CASE STUDY – Sexual Assault – jury trial

Facts: Allegation of sexual assault by digital penetration; both the accused and alleged victim affected by alcohol; immediate complaint; equivocal evidence of minor scratching within vagina

Result: Not guilty. Evidence of previous sexual activity just prior to incident with other male could have caused scratching; no DNA of accused where one would have expected there to be such DNA including on fingers and on underwear; jury could not be satisfied that there was penetration. Plea of guilty to indecent assault – note that this plea was offered 8 months prior to the trial. Consequently client avoided a prison sentence.

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