Jury could not agree in Liam Herbert rape trial, retrial set for April
The defence says the woman's emoji implied she was open to boundaries being broken.
A defence lawyer argued that the woman's peeking emoji was used to imply she was open to boundaries being broken. Liam Herbert, 31, is charged with three counts of rape over an alleged assault at her home.
A jury could not reach a verdict in August, so a retrial is set for April. In the hours before the meet-up, the woman told Herbert she did not consent to some sex acts.
The woman also said Herbert ignored her saying she was in pain and asking him to stop. Defence barrister George Costantine argued Herbert believed he was acting out a previously discussed fantasy of non-consensual sex.
The woman said she never expected to act out any fantasy with Herbert. The prosecution argued that using general fantasy talk as consent was designed to mislead.
- Three counts of rape
- Charges
- Her home in Sydney's south
- Location
- Hung jury in August
- Trial outcome
- Scheduled for April
- Retrial
Why it mattersThe first jury could not reach a verdict, so the case goes to a retrial in April.
AustraliaThis case is before a New South Wales court, and the April retrial will show how an emoji argument is weighed.
Corroborated bytheage.com.au·watoday.com.au
✓ Claims checked against the source and corrected before publish. checked 1 h ago
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