Client acquitted of sexual assault after trial . Complainant alleged that she had gone to a party, gotten very drunk, and passed out. She stated she woke up to find client having intercourse with her and that she had not consented to this. DNA evidence confirmed that client had sexual contact with complainant. Client testified that the sexual activity was fully consensual and had been initiated by the complainant. Trial judge found that while complainant appeared to be trying to be honest in her testimony, evidence of the SAART nurse made it clear that complainant had spoken of particular sexual activity occurring that was not mentioned in her subsequent statements or testimony. Based on this, her level of intoxication, her evidence that she had “blocked some things out”, trial judge found complainant’s evidence as to the version of events could not be relied on, including her statement that she did not consent.
July 2, 2011