Our client and the female complainant were introduced on a dating website and, on their first meeting, engaged in rough sexual intercourse six times at our client’s home. The next day, the complainant returned to our client’s home and they twice resumed their sexual interaction. Half-way through the third effort and whilst our client’s penis was inside the complainant’s vagina, our client noticed that the complainant appeared to be in pain. He asked if there was anything he could do to make it hurt less. She told him, using colourful language, to get off. He withdrew immediately but the complainant alleged he repeatedly asked her “are you sure?” before he withdrew his penis.
The following day, the complainant made formal allegations of rape to the police. Months later the complainant provided police a statement further alleging that during the second encounter, our client penetrated her vagina with his finger in spite of her protest.
Our client was charged with two counts of sexual penetration without consent. After reviewing the prosecution brief, we strongly advised our client to plead not guilty and after a three day trial, we were elated when the jury took less than an hour to deliver unanimous verdicts of not guilty on both charges.
