In the District Court of Queensland case R v DEM [2024] QDC 44, the defendant was charged with rape, alleged to have occurred between November 2010 and June 2011. This trial was conducted by Judge Kent KC DCJ without a jury, focusing on the claim of non-consensual anal penetration. Despite the complexities introduced by cultural and linguistic differences—necessitating a Tagalog interpreter—the evidence rested almost entirely on the complainant's testimony. The defence challenged the credibility of the complainant's account, highlighting inconsistencies, a significant delay in complaint which was argued to disadvantage the defence, and questioning the motive behind the allegations. The Judge, applying statutory guidelines and case law to these facts, particularly scrutinised the complainant's credibility and the impact of the delay in her reporting of the event. Ultimately, considering all these factors, Judge Kent KC DCJ concluded that the prosecution had not met the burden of proof required to surmount the high threshold of beyond reasonable doubt and the defendant was acquitted of the charge.
R v DEM [2024] QDC 44
Updated: Apr 18, 2024