A man who allegedly put a woman in the boot of his car before sexually assaulting her has been granted bail.
The pair had been known to each other for 17 years prior to the incident.
The man was charged with sexual assault after police received a complaint in May.
He was refused bail by police, however a Court decided to release him after finding that he was unlikely to re-offend.
Charged with Sexual Assault
The man was charged with sexual intercourse without consent, assault occasioning actual bodily harm, unlawfully confining a person and choking.
He has pleaded not guilty to all charges.
The woman claimed she had visited the man's home before he allegedly became aggressive and choked her.
Police will allege that the complainant asked the man to stop before screaming. This is said to have prompted him to yell, "Shut the f**k up."
The police facts allege that the man then placed a pillow over the woman's head, before repeatedly punching it. The complainant went on to claim that her head hit the floor multiple times until she lost consciousness.
She said when she regained consciousness she tried to escape but the man grabbed her by the throat and stopped her.
He is then alleged to have put her in the boot of his car, where he sexually assaulted her, before driving her to another location and leaving her on the side of the road.
She was found there by a man who took her to a police station.
Bail Application for Sexual Assault Charge
The presiding Magistrate granted the man bail, noting he had a limited criminal history.
"There is no evidence before me that in the past he has failed to comply with orders from the court," he said.
His Honour also noted that the defendant had a "turbulent relationship" with the alleged victim.
He ultimately granted the bail application and imposed strict conditions. These included that he could not contact the complainant or go near her, that he report to corrective services and that he not consume alcohol or illicit drugs.
"It goes without saying if you do breach any of these conditions, you are putting your liberty in jeopardy," His Honour warned.
The matter will return to court in August.
Sexual Assault Charges
The definition of sexual assault is engaging in sexual intercourse with another person without their consent. It is contained in Section 61I of the Crimes Act 1900 (NSW).
One of the common defences to sexual assault is identification. If the Crown cannot establish that the Accused was the offender, then the offence cannot be proved. Often experts can be used such as DNA, fingerprint, CCTV and intoxication experts to cast doubt on identification.
The maximum penalty for sexual intercourse without consent is 14 years Imprisonment. There is also a Standard Non-Parole Period which is 7 years imprisonment.
There have been a number of recent examples of these charges being dismissed after an accused retains experienced criminal lawyers. You can read about some of those cases by clicking here.
If you have been charged with sexual assault, having an experienced criminal defence lawyer will go a long way towards beating these charges. Call Astor Legal on (02) 7804 2823. Or, you can email info@astorlegal.com.au.
The definition of sexual assault is engaging in sexual intercourse with another person without their consent. It is contained in Section 61I of the Crimes Act 1900 (NSW).
Sexual assault allegations are far more common today than at any time in the past. Community attitudes have changed shifted, in large part due to the #metoo movement. Unsurprisingly, this has made fighting such allegations more difficult than ever before.
