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You can find the current article at its original source at https://www.theguardian.com/australia-news/2023/mar/24/teenager-accused-of-blue-mountains-has-conviction-overturned
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| Version 1 | Version 2 |
|---|---|
| Teenager accused of Blue Mountains rape has conviction overturned | Teenager accused of Blue Mountains rape has conviction overturned |
| (5 months later) | |
| Decision overturns a nine-month sentence for the sexual assault alleged to have occurred at a house party | Decision overturns a nine-month sentence for the sexual assault alleged to have occurred at a house party |
| A teenage boy accused of raping a girl he knew at a party in the Blue Mountains has successfully appealed against his sexual assault convictions. | A teenage boy accused of raping a girl he knew at a party in the Blue Mountains has successfully appealed against his sexual assault convictions. |
| The decision overturns a nine-month sentence in youth detention for the sexual assault alleged to have occurred at a house party. | The decision overturns a nine-month sentence in youth detention for the sexual assault alleged to have occurred at a house party. |
| On Friday, Judge Huw Baker allowed the appeal at the Penrith district court which was attended by the alleged victim’s father as well as the teenage boy and his family. | On Friday, Judge Huw Baker allowed the appeal at the Penrith district court which was attended by the alleged victim’s father as well as the teenage boy and his family. |
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| The judge found he could not discount the possibility that the boy’s account of what happened might be correct. | The judge found he could not discount the possibility that the boy’s account of what happened might be correct. |
| “Overall I found his evidence concerning the sexual activity to be internally consistent and not implausible,” Baker said. | “Overall I found his evidence concerning the sexual activity to be internally consistent and not implausible,” Baker said. |
| “I’m not satisfied of the appellant’s guilt for each of the charges beyond reasonable doubt. The conviction appeal is allowed.” | “I’m not satisfied of the appellant’s guilt for each of the charges beyond reasonable doubt. The conviction appeal is allowed.” |
| A separate appeal by prosecutors over what they claimed was a “manifestly inadequate” sentence was dismissed as a result. | A separate appeal by prosecutors over what they claimed was a “manifestly inadequate” sentence was dismissed as a result. |
| The alleged incident took place in November 2019 after a night of drinking at the party, with the teenage girl claiming she drifted in and out of consciousness. | The alleged incident took place in November 2019 after a night of drinking at the party, with the teenage girl claiming she drifted in and out of consciousness. |
| In May last year, the Parramatta children’s court found the victim had initially consented, but the magistrate found there was a clear line at which this consent was withdrawn. | In May last year, the Parramatta children’s court found the victim had initially consented, but the magistrate found there was a clear line at which this consent was withdrawn. |
| That finding has now been overturned. | That finding has now been overturned. |
| The accused, who cannot be named, had been convicted on six counts of sexual assault and one count of intentional choking. | The accused, who cannot be named, had been convicted on six counts of sexual assault and one count of intentional choking. |
| The boy has always denied the activity was nonconsensual, claiming the teenage girl led him into the room by taking him by the hand. | The boy has always denied the activity was nonconsensual, claiming the teenage girl led him into the room by taking him by the hand. |
| He told the court he had asked if any sexual activity was OK “every 30 seconds” because he was “cautious about consent”. | He told the court he had asked if any sexual activity was OK “every 30 seconds” because he was “cautious about consent”. |
| The alleged victim’s father, who also cannot be identified, said he was deeply shocked by Friday’s decision, calling it a miscarriage of justice. | The alleged victim’s father, who also cannot be identified, said he was deeply shocked by Friday’s decision, calling it a miscarriage of justice. |
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| “We 100% believe our daughter when she says that she was raped,” he told reporters. | “We 100% believe our daughter when she says that she was raped,” he told 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.” | “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 court process, saying it had taken two and a half years to reach this stage only to overturn the conviction. | He criticised the court process, saying it had taken two and a half years to reach this stage only to overturn the conviction. |
| The father said the family would consider a civil lawsuit against the teenage boy and the NSW Department of Education. | The father said the family would consider a civil lawsuit against the teenage boy and 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 said. | “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 said. |
| “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.” | “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.” |
| In Australia, information and support for anyone affected by rape or sexual abuse issues is available at 1800Respect (1800 737 732). | In Australia, information and support for anyone affected by rape or sexual abuse issues is available at 1800Respect (1800 737 732). |