Rapist released due to unreliable evidence from victim.

A man was released from prison due to lack of credibility of his 71-year-old accuser, as ruled by three appeal judges.

November 28th 2024.

Rapist released due to unreliable evidence from victim.
A man accused of rape has been granted freedom from jail after three appeal judges overturned his convictions. The reason for this decision was due to the lack of credibility of his alleged 71-year-old victim. In 2023, Richard Bangoura was sentenced to 11 years and six months behind bars in Victoria for supposedly attacking the woman in the early hours of November 2, 2018.

According to the allegations, Bangoura approached the elderly woman from behind as she was opening her front door. He then held a 30cm knife to her ribs and neck, forcing her inside. It was reported that he then made her undress and show him where the bedroom was before taking off his mask and raping her twice. The attack supposedly lasted for about 30 minutes, and Bangoura even returned to her home four times to ensure she did not report the assault to the police.

A jury in the County Court found Bangoura guilty in August 2022 of rape, threatening to inflict serious injury, stalking, and aggravated burglary with the intention of committing assault. He was sentenced to 11 years and six months behind bars with a non-parole period of eight years. However, Bangoura challenged his convictions in the Victorian Court of Appeal, claiming that the jury's decision was unsafe and unsatisfactory. His appeal was successful, and today, Court of Appeal President Karin Emerton and Justices Phillip Priest and Stephen McLeish acquitted him of all charges.

Justice Priest, in his written statement, expressed his doubts about the credibility of the woman's testimony. He stated that her evidence contained discrepancies, inadequacies, and was tainted, which made it lack probative force. In his opinion, there was a real possibility that an innocent man had been wrongfully convicted. He also pointed out the woman's claims that Bangoura had returned to her home four times and threatened to harm her if she went to the police. These visits seemed to align more with Bangoura's version of events, where he claimed that the victim owed him money, and he was merely seeking repayment.

Moreover, Justice Priest mentioned that Bangoura was not wearing any disguise during the alleged attack, nor during the interactions with the victim. The woman also claimed that he gave her his name after the assault and even shared a cigarette with her, which Justice Priest found highly unlikely to be true.

Justices Emerton and McLeish agreed with Justice Priest's findings, stating that the jury must have had reasonable doubt over the woman's testimony. They further added that it was not justifiable for the jury to convict Bangoura based on the evidence presented. As a result, the convictions and orders of the sentencing judge were set aside, and acquittals were entered on each charge. No retrial was ordered, meaning Bangoura will be released from prison.

After hearing the decision, Bangoura broke down in tears and thanked his lawyer over the prison video link. It is crucial to note that support is available for anyone who has experienced sexual assault or domestic violence. The National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT is one such resource that can provide assistance.

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