The decision results in the cancellation of a nine-month sentence for the alleged sexual assault that took place at a house party.
In the case where a teenage boy was accused of raping a girl he knew at a party in the Blue Mountains, he has successfully appealed against his sexual assault convictions. As a result, a nine-month sentence in youth detention, which was given for the alleged sexual assault that took place at a house party, has been overturned. Judge Huw Baker allowed the appeal on Friday at the Penrith district court, and the hearing was attended by the alleged victim’s father, the teenage boy, and his family.
Judge Baker stated that he found the accused’s testimony about the sexual activity internally consistent and not implausible, leading to his decision to allow the appeal and overturn the conviction. As a result, the prosecutors’ appeal over what they claimed was a “manifestly inadequate” sentence was dismissed. The alleged sexual assault occurred in November 2019 after a night of drinking at a party, with the teenage girl alleging that she was in and out of consciousness. In May of the following year, the Parramatta children’s court found that the victim had initially consented but had withdrawn her consent at a certain point. However, this finding has now been overturned. The accused, who was convicted on six counts of sexual assault and one count of intentional choking, has consistently maintained that the sexual activity was consensual. He claimed that the teenage girl led him into the room by taking him by the hand and that he frequently asked for consent. The alleged victim’s father, who cannot be identified, expressed deep shock and called the decision a miscarriage of justice.
In a statement to reporters, the alleged victim’s father expressed his unwavering belief in his daughter’s account of the rape. He spoke about the impact that the incident had on her mental health and her inability to live a normal life, including her inability to sit for her HSC exams. He criticized the lengthy court process, stating that it had taken two and a half years to reach this stage only for the conviction to be overturned. The father indicated that the family was considering a civil lawsuit against both the teenage boy and the NSW Department of Education.
