1. It’s going to be an interesting trial:
A 47-year-old man from Pearce will appear in the ACT Magistrates Court later today (Thursday, October 28) charged with the sexual assault of a sex worker.
Police will allege that on October 15 the man called the woman and a price was negotiated for sexual services.
On October 21 the man arrived at the house with an envelope he said contained the agreed sum of money. After they had sex the woman checked the envelope to find it did not contain money.
The man left shortly after, promising to return at a later time with the money. However, she has not seen the man since that day.
The woman contacted the Sex Workers Outreach Program who urged her to go to the police.
Police enquiries located the man, they arrested and charged him with sexual intercourse without consent and making off without payment.
UPDATE: The ABC informs us that the gentleman in question is one Akis Livas, and he has been bailed.
—
ACT Policing Criminal Investigations detectives will charge a 37-year-old former Macquarie man with the murder of Andrew Le Dinh.
The body of Mr Le Dinh was located within his fourth floor apartment on College St, Belconnen on Thursday, May 20. The post-mortem revealed he died from severe head injuries.
CI detectives investigating the case interviewed the man today.
The 37-year-old man will be formally charged with murder, conspiracy to commit a robbery and other offences in the ACT Magistrates Court on November 19.
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I’m sure this is the Canberra times version without the context.
Pork Hunt said :
No body = no crime.
PBO said :
Are you protecting a war criminal?
Actually, this is fundamentally no different to the recent case of a tattoo artist being charged with assault after the client discovered that he’d had a penis tattooed on his back.
It didn’t matter that he’d consented to being tattooed – the consent was invalid because it was obtained under false pretences.
The situation would be similar if someone claimed to be a doctor and so you let them perform surgery on you, then later discovered that they weren’t. It’d be assault.
Thumper said :
Wasnt Rooter, but he did have a knickname and thats all i am saying.
my sergeant was in a similar situation with a prostitute in Somalia
His nickname wasn’t Rooter by any chance?
I bet he didn’t see that one coming lol
*Andre
Lazy AFP dicks…it’s an easy typo to make but come on
CraigT said :
Probably the best description – but the law ‘is an ass’ after all.
This is another example of the DPP being dimwits.
This prostitute has been ripped off, not raped.
Now, I bet Captain RAAF will have an answer to this one…..?
Over to you Captain….
PBO said :
Don’t stand on a bridge and make accusations??
When I was in the Army back in the 90’s, my sergeant was in a similar situation with a prostitute in Somalia, he had never met her and she was going beserk saying that he owed her money and she would get her family to get it for her.
She was promptly thrown off a bridge and the problem was solved. I think that we can all learn something from that.
It will be interesting to see the outcome.
Don’t they mean making _out_ without payment?
rosscoact said :
why? what makes this particular service special?
“Assault with a dead weapon”
“Receiver of swollen goods”
I have dozens of them!
Chaz said :
Shoplifting.
He (allegedly) agreed to an act of commercial business, (allegedly) made off without paying, so it became an (alleged) act of intercourse without consent, since he (allegedly) misrepresented at the time of inducing an act of commercial sexual services, portentially rendering the commercial services provisions of the Prostitution Act void, and was (allegedly) reckless as to if consent to conduct sexual intercourse would have been provided without a promise of payment.
(Oh, and Canberra women can also withdraw consent as soon as their awareness of certain facts arises, after the initiation of an act of intercourse)
Prostitution Act 1999
Duress
(1) A person shall not, for the purpose of inducing a person to provide or to continue to provide commercial sexual services—
(a) intimidate, assault or threaten to assault any person; or
(b) supply or offer to supply a controlled medicine or prohibited substance to any person; or
(c) make a false representation or otherwise act fraudulently.
Maximum penalty: imprisonment for 6 years.
“commercial sexual services” means sexual services provided for monetary consideration or any other form of consideration or material reward (regardless of whether the consideration or reward is, or is to be, paid or given to the prostitute or another person)
“sexual services” means—
(a) an act of sexual intercourse as defined in the Crimes Act 1900, section 50; or
(b) the masturbation of one person by another; or
(c) any activity that involves the use of one person by another for his or her sexual gratification.
Crimes Act 1900 Section 50:
“sexual intercourse” means—
(a) the penetration, to any extent, of the vagina or anus of a person by any part of the body of another person, except if that penetration is carried out for a proper medical purpose or is otherwise authorised by law; or
(b) the penetration, to any extent, of the vagina or anus of a person by an object, being penetration carried out by another person, except if that penetration is carried out for a proper medical purpose or is otherwise authorised by law; or
(c) the introduction of any part of the penis of a person into the mouth of another person; or
(d) cunnilingus; or
(e) the continuation of sexual intercourse as defined in paragraph (a), (b), (c) or (d).
Crimes Act 1900: Section 54
Sexual intercourse without consent
(1) A person who engages in sexual intercourse with another person without the consent of that other person and who is reckless as to whether that other person consents to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
Criminal Code 2002: Section 322A
Making off without payment
(1) A person commits an offence if—
(a) the person knows he or she is required or expected to make immediate payment for goods or services supplied by someone else; and
(b) the person dishonestly makes off—
(i) without having paid the amount owing; and
(ii) with intent to avoid payment of the amount owing.
Here’s an interesting case from Israel. A palestinian guy jailed for rape as the “consenting” female believed that he was Jewish.
http://www.telegraph.co.uk/news/worldnews/middleeast/israel/7901025/Palestinian-jailed-for-rape-after-claiming-to-be-Jewish.html