Christian Lethern, 35, acquitted of sexual assault and sexual touching charges in Coffs Harbour
A 35-year-old man who vehemently told police he was “not a f-cking rapist” has been found not guilty of sexually assaulting a woman he met through Snapchat on the Mid-North Coast.
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A 35-year-old man who vehemently told police he was “not a f-cking rapist” has been found not guilty of sexually assaulting a woman he met through Snapchat on the Mid-North Coast.
District Court judge Michael McHugh described the case as “an oath on oath case” where the verdict hinged on the Crown proving their case against 35-year-old Christian Lethern beyond a reasonable doubt.
Before the judgement was handed down at Coffs Harbour District Court on Monday, Lethern’s defence solicitor John Carty told the court his client believed the interactions on the night of May 21, 2020 were consensual and the complainant was a “willing and enthusiastic participant”.
The Director of Public Prosecutions (DPP) argued in court the complainant was “terrified” and repeatedly said “no”.
In evidence before the District Court, the pair were strangers before Lethern messaged the complainant, after seeing her Snapchat account and location before they met up at a Cornish St, Coffs Harbour residence.
In the judge only trial, Mr McHugh acquitted Christian Lethern, 35, of three charges of sexual intercourse without consent and two charges of sexually touch another person without consent due to not being satisfied beyond a reasonable doubt that the incidences weren’t consensual.
In his judgement, Mr McHugh raised inconsistencies of key witnesses including the complainant.
These included the omission in the complainant’s earlier evidence before the court that Lethern had performed oral sex on her, the timing of a Facebook facetime with a mutual acquaintance, what time the complainant had left the residence and contacted a “friends with benefits” for help the next morning and whether the complainant had a drink prior to attending the residence.
Lethern had pleaded not guilty on October 9, 2023.
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Originally published as Christian Lethern, 35, acquitted of sexual assault and sexual touching charges in Coffs Harbour