Teen accused of raping and suffocating a girl he met at a party wins his appeal against conviction as his father says his daughter has been ‘destroyed’ by the experience
- Teenager appeals rape sentence
- He claimed the sex was consensual.
- Alleged rape occurred at a party
A teenager accused of raping a girl he met at a party in western Sydney has successfully appealed his sexual assault convictions.
The decision overturns a nine-month sentence in juvenile detention for the sexual assault that allegedly occurred when the Katoomba High School alumnus was 16 at a house party in the Blue Mountains.
On Friday, Judge Huw Baker allowed the appeal in Penrith District Court, which was attended by the alleged victim’s father, as well as the teenager and his family.
The judge considered that he could not reject the child’s account of what happened and the possibility that it is correct.
“Overall, I found his evidence regarding sexual activity to be internally consistent and not implausible,” Judge Baker said.
The decision overturns a nine-month sentence in juvenile detention for the sexual assault that allegedly occurred when the Katoomba High School former student was 16 at a house party in the Blue Mountains.
The incident allegedly took place in November 2019 after a night of drinking at the party, with the teenager claiming she blacked out and passed out (file image)
I am dissatisfied with appellant’s guilt on each count beyond a reasonable doubt. The conviction appeal is admitted.
A separate appeal by prosecutors over what they claimed was a “manifestly inadequate” sentence was thrown out as a result of Friday’s court result.
The incident allegedly took place in November 2019 after a night of drinking at the party, with the teen claiming she was drifting in and out.
In May last year, the Parramatta Children’s Court found that the victim had initially given consent, but the magistrate found that there was a clear line where this consent was withdrawn.
These findings have now been overturned.
The defendant, whose legal name cannot be identified, had been convicted of six counts of sexual assault and one count of intentional suffocation.
The boy has always denied that the activity was not consensual, alleging that the teenager took him into the room holding his hand.
He told the court that he had asked if any sexual activity was okay “every 30 seconds” because he was “cautious about consent.”
The alleged victim’s father, who also cannot be named, said he was deeply shocked by Friday’s decision, calling it a judicial error.
“We 100 percent believe our daughter when she says she was raped,” he told reporters.
Every day we see our daughter’s poor mental health and her inability to lead a normal life. She couldn’t take her HSC exams and the experience completely destroyed her.’
On Friday, Judge Huw Baker allowed the appeal in Penrith District Court, which was attended by the alleged victim’s father, as well as the teenager and his family.
He criticized the judicial process, saying it had taken two and a half years to get to this stage just to overturn a “legitimate conviction”.
The father said there could be a civil lawsuit against the teenager and against the New South Wales Department of Education.
‘This is not acceptable. Our daughter was left with severe PTSD and this legal action has further compounded the trauma she experienced as a result of the incident,” she said.
‘Now we will see if we can take legal action in civil court. Our only concern is that our daughter is not well enough to take such legal action. Justice must prevail.
