On Friday, Judge Huw Baker allowed the attraction on the Penrith District Court which was attended by the alleged sufferer’s father in addition to the teenage boy and his household.
The choose discovered he couldn’t reject the boy’s account of what occurred and the likelihood that it might be appropriate.
“Overall I found his evidence concerning the sexual activity to be internally consistent and not implausible,” Judge Baker stated.
“I’m not satisfied of the appellant’s guilt for each of the charges beyond reasonable doubt. The conviction appeal is allowed.”
A separate attraction by prosecutors over what they claimed was a “manifestly inadequate” sentence has been dismissed on account of Friday’s courtroom final result.
The incident allegedly passed off in November 2019 after an evening of consuming on the get together, with the teenage lady claiming she drifted out and in of consciousness.
In May final yr, the Parramatta Children’s Court discovered the sufferer had initially consented, however the Justice of the Peace discovered there was a transparent line at which this consent was withdrawn.
These findings have now been overturned.
The accused, who can’t be legally named, had been convicted on six counts of sexual assault and one rely of intentional choking.
The boy has at all times denied the exercise was non-consensual, claiming the teenage lady led him into the room by taking him by the hand.
He informed the courtroom he had requested if any sexual exercise was okay “every 30 seconds” as a result of he was “cautious about consent”.
The alleged sufferer’s father, who additionally can’t be recognized, stated he was deeply shocked by Friday’s choice, calling it a miscarriage of justice.
“We 100 per cent believe our daughter when she says that she was raped,” he informed reporters.
“Every single day we see our daughter’s poor mental health and her inability to lead a normal life. She was unable to take her HSC exams and has been totally destroyed by the experience.”
He criticised the courtroom course of, saying it had taken two and a half years to succeed in this stage solely to overturn a “rightful conviction”.
The father stated a civil lawsuit may very well be on the playing cards towards the teenage boy in addition to the NSW Department of Education.
“This is not acceptable. Our daughter has been left with severe PTSD and this legal action has further compounded the trauma that she experienced as a result of the incident,” he stated.
“We will now look at whether we can take legal action in the civil court. Our only concern is our daughter may not be well enough to undertake that legal action. Justice must prevail.”
Source: www.9news.com.au
