Event and Time
Event Description
- Date of Offence: 27 September 2018
- Date of Verdict: 8 June 2023
- Defendant: James Lithgow
- Charges: Two counts of sexual assault, two counts of rape; acquitted on false imprisonment and attempted rape.
Application and Claims
- Allegations:
- The complainant (a 19-year-old Japanese tourist) alleges that Lithgow sexually assaulted and raped her while she was at his property for work. - Lithgow asserts that the acts were consensual and that the complainant did not communicate any lack of consent during the incident.
Judicial Decisions
- The jury found Lithgow guilty on two charges of sexual assault and two charges of rape based on the evidence presented by the complainant and the context of the incidents.
Dispute Points and Legal Basis
Dispute Points
- Complainant's Position:
- The complainant testified that she was intoxicated and did not consent to any sexual activity. She described being shocked and passive during the incidents and maintained that she felt sickened by Lithgow’s actions. - Communication barriers due to her limited English contributed to her inability to express a lack of consent.
- Defendant's Position:
- Lithgow claimed the sexual contact was consensual and described the complainant's responses as positive, suggesting her need for communication due to her intoxicated state. - He stated that awareness of the complainant's relationship (her mentioning a boyfriend) indicated her lack of consent, which led him to stop any sexual activity.
- Third Parties: