Case Overview: Client Faced Multiple Aggravated Sexual Assault Charges
Brightstone Defence represented a client who was charged with four counts of aggravated sexual assault, a highly serious criminal offence in Australia that carries significant custodial penalties if proven. The charges were based on allegations made by the client’s former partner, who submitted an audio recording of a sexual encounter. The recording appeared to include sounds of distress and expressions of injury, which were presented as evidence of non-consensual activity.
The client also confirmed to police that sexual intercourse had occurred, further intensifying the legal challenges involved in the case.
Strategic Defence Led by Senior Criminal Lawyer Alex Cao
Recognising the complexity and severity of the allegations, the client engaged Alex Cao, Senior Criminal Defence Lawyer at Brightstone Defence. From the outset, our legal team approached the case with strategic precision, conducting an exhaustive review of all available evidence.
Upon close examination, we identified several inconsistencies in the accuser’s version of events. Our defence was based on the argument that the sexual activity was consensual and that the recording was part of a recurring sexual role-play dynamic between the parties, which had occurred multiple times during their relationship.
Introducing New Evidence and Challenging Credibility
As part of our defence, we submitted new material that significantly undermined the reliability and credibility of the complainant. This included communications and contextual evidence that supported the existence of ongoing consensual sexual activities, including role-play scenarios that aligned with the nature of the recording.
Our team demonstrated that the complainant’s motives were ambiguous and that the evidence lacked the clarity required to sustain a conviction for aggravated sexual assault.
Charges Withdrawn and Client Found Not Guilty
Following two and a half years of complex legal proceedings, we prevailed during the secondary stage of litigation before the Intermediate Court. The prosecution ultimately withdrew all four charges after acknowledging the lack of clarity surrounding the complainant’s intentions and the strength of the defence case.
The court returned a not guilty verdict, and all aggravated sexual assault charges were formally dismissed.
Frequently Asked Questions (FAQ)
- What is considered aggravated sexual assault in Australia?
Aggravated sexual assault involves non-consensual intercourse combined with aggravating factors such as physical harm, coercion, or abuse of power.
- Can a private recording be used in court as evidence?
Yes, but the context and admissibility of the recording are critical. A defence lawyer can challenge its meaning and validity in court.
- What happens if I am falsely accused of sexual assault?
If falsely accused, it is vital to engage a criminal defence lawyer immediately. They will analyse the evidence, identify flaws in the prosecution’s case, and advocate for your rights throughout the process.
- How long can these types of cases take?
Sexual offence cases can take months or even years depending on the complexity of evidence and the number of hearings involved.
Why Brightstone Defence?
Brightstone Defence offers strategic and experienced representation in high-stakes criminal matters. Our team of criminal defence lawyers is committed to protecting the legal rights, reputation, and future of every client. Whether you are facing false allegations, complex evidence, or public scrutiny, we provide the expertise and dedication required to secure the best possible outcome.
Disclaimer: The information above is general and for informational purposes only. Please seek advice from a qualified lawyer regarding your specific circumstances.
