Craig McLachlan found not guilty of indecently assaulting co-stars
An actress who worked with Craig McLachlan has taken to social media after he was cleared of allegations of indecent acts against his co-stars.
Police & Courts
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Aussie actor Craig McLachlan has been cleared of all allegations of indecent acts against four female co-stars on The Rocky Horror Picture Show.
Magistrate Belinda Wallington found the Gold Logie-winning star not guilty on 13 charges — seven of indecent assault and six of common assault — during a virtual hearing in Melbourne Magistrates Court on Tuesday.
Ms Wallington said the prosecution had not proven beyond reasonable doubt key elements in the charges, including that McLachlan did not know the women were not consenting and whether the acts were indecent.
Referring to an allegation he touched and tickled up the leg of one woman while she was performing, Ms Wallington said it was McLachlan’s “egotistical self entitled sense of humour” that led him to believe “she would either not mind or find it funny”.
Meanwhile, actress Christie Whelan — who has worked with McLachlan —posted on social media on Tuesday night quoting the magistrate about the case.
— Christie Whelan (@Christie_Whelan) December 15, 2020
Ms Wallington noted the bravery of the complainants for their testimony, remarking each of them were credible and sincere witnesses.
She was not persuaded they had any motive, particularly ambition to advance their careers, by coming forward with the allegations.
Ms Wallington also often favoured their version of events against McLachlan’s.
But the experienced magistrate said there was a high criminal standard to be met, adding had the alleged offending taken place more recently, under new laws, the outcome could have been different.
“The law requires me to apply the law that stood at the time of the offending,” she said.
“The laws have since changed, but do not apply retroactively.
“The law on consent has been replaced with a more objective test: was the accused’s belief reasonable?
“Were the current law applicable, it is possible that the result may have been different.”
In 2015, the offence of indecent assault was replaced with sexual assault under the Crimes Act in Victoria.
They both relate to non-consensual sexual touching, but indecent assault required the prosecution to prove the accused was aware the complainant was not consenting or might not be consenting at the time.
To make out the sexual assault charge, the prosecution have to prove the accused reasonably did not believe the recipient consents.
McLachlan and his partner Vanessa Scammell were all smiles as they emerged from his barrister’s office in Sydney following the verdict.
He had always vehemently denied the allegations, declaring he would fight to clear his name.
The former Neighbours and Home and Away star would not go into details about the case or explain how he felt.
“As you can imagine, we have a lot to say,” McLachlan said.
“We have maintained a dignified and respectful silence for the past almost three years and put our trust in the law.”
He indicated he would speak more in the new year and urged everyone to “stay safe, be kind to each other” before getting a kiss from Ms Scammell.
McLachlan also thanked his lawyer Stuart Littlemore QC for his “energy and humanity”.
Ms Wallington, in handing down her ruling, was scathing of Mr Littlemore’s “disturbing” questioning and submissions regarding the complainants, including tendering photos of the women in what he described as “slutty poses”, and pointing out their appearances and what they were wearing.
McLachlan was playing Frank-n-Furter in the Rocky Horror production when he was accused of exposing himself in his dressing room, inappropriately touching a co-star’s genitalia live on stage and giving unwanted and unscripted kisses and hugs.
Giving evidence last month, he said: “They are lying.”
He said the onstage allegations were “physically impossible” as he had a script to follow, and cues would be missed.
He also spoke of how he was “devastated” and “deeply distressed” on hearing the women’s claims.
McLachlan said all cast and crew were involved in “all the shenanigans and tomfoolery backstage”.
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