We represented a defendant charged with rape and sexual assault. The complainant, his former partner, alleged that the offences had occurred at various points during the course of their relationship.

Although the parties had separated before the allegations were reported to the police, they continued to engage in a sexual relationship for a significant period thereafter and exchanged intimate images.

It was not disputed that the defendant had been unfaithful to the complainant on several occasions with different individuals. Following the discovery of this conduct, the complainant prevented the defendant from having contact with their son. The allegations were made around the same time that the defendant commenced proceedings to restore contact with his child.

A substantial volume of messages was disclosed as both served and unused material, together with communications provided by the defendant. These required detailed analysis and appeared to demonstrate the complainant's considerable anger towards the defendant arising from his infidelity.

The defence successfully applied to adduce relevant intimate images exchanged between the parties, together with messages that had not been relied upon by the prosecution but were material to the issues in the case.

Following trial, the defendant was acquitted by the jury of all charges.

Rachel Hobba was the solicitor with conduct of this case and Kenniesha Stephens of Drystone was instructed Counsel.