Young man found not guilty of sexual intercourse without consent after a new years eve party

A 21 year old man who was student studying commerce, was charged with an offence of sexual intercourse without consent (rape).

A 21 year old man who was student studying commerce, was charged with an offence of sexual intercourse without consent (rape). 

On new years eve 2019, he hosted a house party at his house with his friends and family. His family friend extended the invite to her friend, being the complainant in this matter. 

Mr Faraj’s client and the complainant had never met prior to this date. Throughout the night, they became friendly and clearly interested in each other. After the midnight countdown, they went into a room and had sexual intercourse. 

After this, the complainant hung out with him and his friends for the rest of the night and even slept over. The next morning, our client’s little sister approached her and asked her to apologise to the family for being disrespectful and having sexual intercourse in their home. This left the complainant extremely embarrassed. 

The next day, the complainant started receiving messages from people saying that they knew she had sex with Mr Faraj’s client. 

The complainant then messaged his sister, attempting to suggest that her brother took advantage of her. 

Mr Faraj’s client then approached her on Facebook to see what the situation was. She responded by saying “I just don’t want people to think I’m a slut” “I’m not saying I regret it, it’s just how it happened and for the sake of our reputations”. 

Ten months later, after people were still talking about it and she received some backlash, she made an allegation to the police that she was sexually assaulted. 

It was clear to Mr Faraj, she did this to save face and protect her reputation from being damaged. 

The matter went to trial and Mr Faraj’s client was found not guilty quickly by a jury of 12 people. 

It was specifically pointed out that the way she says it happened did not make any practical sense and there were extreme inconsistencies and delay. 

Her actions after it happened by hanging out with him and sleeping at his house did not make sense after being allegedly raped which was pointed out to the jury. 

Staying over at his house the next morning and playing FIFA at his house did not make sense after being raped. 

Reacting to his social media posts for the next year, prior to making the allegation did not make sense after being raped. The complainant also took photos with him at 2:16AM, after the alleged incident, smiling and hugging which were also put to her in cross-examination and these were all things she couldn’t explain. 

The 21 year old young man was able to put this nightmare behind him and move on with his life, not being victim to false allegations out of his control.

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