Not Guilty Verdict for Ruon Tongyik in Sexual Assault Trial

Former Socceroo Ruon Tongyik and his friend Mardochee Manirakiza were acquitted of sexual assault charges in a Sydney court. The jury found both men not guilty of two counts of sexual intercourse without consent, stemming from an alleged incident in 2018.

The verdict, reached unanimously in under two hours, prompted emotional scenes in the Downing Centre District Court. Tongyik, 28, embraced his girlfriend and wept after the verdict was announced. He expressed relief and gratitude towards the jury, his legal team, and his family for their support, emphasizing the “pain and suffering” caused by the “false allegations.”

The prosecution had alleged that Tongyik and Manirakiza sexually assaulted a woman at Tongyik’s Mount Druitt apartment in November 2018. The defence acknowledged the woman’s presence at the apartment but disputed the prosecution’s account of non-consensual intercourse.

The trial centred on conflicting narratives. The woman claimed she blacked out and awoke to find the men assaulting her. The defence argued that she consented to sexual relations with Tongyik. Evidence presented indicated the woman expressed satisfaction at Tongyik’s deselection from the Olympic squad in 2021 and had posted about the allegations on social media.

The Defence argued that the woman’s delayed reporting was motivated by “rejection” and “frustration” stemming from Tongyik’s success. The Presiding Judge instructed the jury that the burden of proof laid with the prosecution and never shifts to the accused.

Tongyik, who had been stood down from the Western Sydney Wanderers during the proceedings, stated he was “unsure what the future holds” for his football career but looked forward to focusing on fatherhood. He had previously made two appearances for the Socceroos in 2021.

What Is Sexual Assault?

In New South Wales, sexual assault, as defined by section 61I of the Crimes Act 1900, occurs when someone engages in sexual intercourse without the other person’s consent, knowing they do not consent.

Some examples may include:

You have penetrated the vagina or anus with a penis without consent;
You have digitally penetrated the vagina or anus without consent;
You have performed or have had oral sex performed on you without consent;
You have penetrated the vagina or anus with a foreign object without consent.

What Must The Prosecution Prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing Sexual Assault rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

That you had sexual intercourse with the complainant; and
That the sexual intercourse was without the consent of the complainant; and
That the accused knew that the complainant did not consent to the sexual intercourse.

What are the maximum penalties for this offence?

The maximum penalty for sexual intercourse without consent in NSW is:

14 years imprisonment with a standard non-parole period of 7 years.

In assessing each case, the Court takes into account various factors, including the nature of the offence, the individual’s character, criminal history, and personal circumstances. Based on these assessments, the Court may opt for less severe penalties such as Community Service Orders (CSOs), Intensive Corrections Orders (ICOs), good behaviour bonds, or fines. These alternative penalties serve to address underlying issues while facilitating the offender’s rehabilitation and societal reintegration.

Ultimately, the Court’s sentencing decision is guided by a comprehensive analysis of all pertinent factors, with the aim of achieving justice and meeting the needs of both the victim and the offender. For expert legal guidance and representation in cases involving sexual assault allegations, consult with an experienced criminal lawyer who can navigate the complexities of the legal system and advocate for your rights effectively.

What Are The Defences To Sexual Assault?

Our Sydney-based criminal defence lawyers employ various defence strategies to refute the allegations made against you.

Actual Innocence

Merely asserting innocence may not suffice to counter allegations of sexual assault. However, presenting evidence that establishes your absence from the scene of the offence can cast reasonable doubt on the accusations. For instance, if CCTV footage shows you at a different location during the alleged incident, it can bolster your claim of innocence and lead to a not guilty verdict.

Consent

Establishing consent can be complex and contentious. In NSW law, consent is deemed invalid under various circumstances, such as when the individual is asleep, unconscious, intoxicated, underage, intimidated, coerced, unlawfully detained, or when the perpetrator holds a position of trust. Proving that any of these conditions were met negates the defence of consent. However, demonstrating that the accused obtained free and voluntary consent from the victim can be challenging, especially in cases lacking concrete evidence.

Mental Illness (Insanity Defence)

This defence applies when it can be demonstrated that the accused suffered from significant mental impairment, rendering them unaware that their actions were morally wrong. To successfully invoke the insanity defence, it must be proven that the accused’s actions resulted from a mental illness that impaired their understanding of the consequences of their actions.

What If I Plead Guilty To Sexual Assault?

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Charged With Sexual Assault? Get Legal Advice Today!

Navigating the complexities of sexual assault allegations requires strategic legal expertise. Our experienced criminal defence team is dedicated to advocating for your rights and crafting a robust defence tailored to your case. Contact us today for comprehensive legal guidance and representation.

If you’ve been charged with sexual intercourse without consent, it’s crucial to seek legal advice promptly. Contact our experienced team today to schedule your first free consultation. We understand the complexities of such cases and are committed to providing you with expert guidance and support throughout the legal process. Don’t navigate this challenging situation alone—reach out to us now for personalized assistance tailored to your needs.