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The woman was detained in the attack that occurred in broad daylight.
A man was found not guilty of attempting to sexually assault a woman he dragged into a Melbourne alley, following a trial with only one judge.
Jackson Williams grabbed the woman from behind and dragged her to Brights Place on Little Lonsdale Street and covered her mouth with one hand as he lay on top of her during the 37-second ordeal on October 28, 2018 when was attacked at 6.26 am.
Williams got off the woman and ran away when New Zealand police officer Adrian Woodgate, who was on vacation with his family, saw the fight and screamed as he ran towards the couple.
County Court Judge Mandy Fox on Tuesday found the 21-year-old Williams not guilty of intent to commit a sex crime, but of the alternate count of common battery.
RNZ / Press room
The Detail podcast explores how a proposed law change would shake up the court system for sexual violence cases. (The video was first posted in July 2020).
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Fox, who heard the evidence and delivered the verdict in a trial with only one judge as the jury trials were suspended due to the coronavirus, was dissatisfied beyond a reasonable doubt that Williams intended to sexually assault the woman. .
“It may be tempting to reason that because his body is on top of hers for a period during the assault, with the front of his body against the front of his body, then there must be a sexual intent,” the judge said in your reasons.
“However, a dispassionate view of the CCTV footage shows that he is using his weight to control the whistleblower, who may be smaller and weaker, but still resists and screams.”
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CCTV footage shows Jackson Williams grabbing the woman from behind.
Williams’ attorney, Rosalind Avis, had claimed that prosecutors could not prove that the defendant intended to sexually assault the woman, and made no attempt to kiss, grope, or remove her clothing.
It was also possible that Williams was trying to rob or assault the woman, Avis said.
Prosecutor Stephanie Clancy had submitted that Williams never made claims for money or property and that it “strained credulity” by suggesting that the attack was anything but sexually motivated.
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He dragged her to Brights Place, off Little Lonsdale Street, and covered her mouth with one hand as he lay on top of her.
Judge Fox said there was clear evidence of an “intentional and violent attack,” but the prosecution did not persuade him. She said she had no evidence of the man’s intention and found that it was possible he was trying to rob or assault the woman.
Williams had been to a nightclub in Essendon the night before and then a club in Melbourne and told police that he did not recall grabbing the woman because he was drunk.
The woman subsequently suffered back pain and headache.
“She was really scared and scared, and she said he was too strong and she was too weak to fight,” Judge Fox said.
Williams is out on bail and will appear for a pre-sentencing hearing on November 12.
