26 March 2018
Another example involves a lesbian client who was charged with sexual offending against the 14-year-old son of her gay partner. During a party, after most of the guests had gone, my client had fallen asleep mildly intoxicated on one end of an L-shaped couch in the lounge of the family home. She was woken by the feeling of the 14-year-old penetrating her. He did not ejaculate inside her, but at the last pulled out and climaxed on the squabs of the sofa next to her as she lay paralysed with shock and fear.
During the medical examination she was not asked to remove her clothes and thus the bruises and hand marks left on her back and thighs from where her jeans and underwear were pulled off, and from where her legs were forced apart while she slept, were missed. My client however thought it was important to document the bruises, so after her interview she went home and with her cell-phone photographed herself the hand and finger-shaped bruises on her body. She thought she would give them to Police when they come back to talk with her.
After several weeks she is asked to come into the Police Station. She meets the Detective in a small room, who then proceeds to tell her Police don't believe her and she will be charged with having sex with an under-aged person. Further, as they do not believe her, this must mean that she told lies to get the teenager arrested, and therefore she would also be charged with "conspiring to make a false accusation."
The contradictions between the boy and his friends' accounts were never investigated. Several inconsistencies (among many) stand out: the boy said that my client plied him with large amounts of alcohol during the night as she repeatedly in front of his friends came into his sleep-out to rub her buttocks against him. Yet, during trial and in their statements, his friends were clear that she only gave them all one sip from her bottle and that she never rubbed her body against their friend. Of note, the friends are clear that when the boy came back to the sleep-out, he did not to go straight to sleep, but stayed up playing video games with them.
The Jury when confronted with all this returned ‘Not Guilty’ verdicts on all charges.