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The trial judge concluded that "the accused exploited an overwhelming inequality to his own advantage, abused a position of trust and authority to influence and manipulate the complainant, thereby vitiating any consent the complainant may have given.
Jonathan Duffy, for Kershaw, said it was not a court of morals and said for some reason the complainant had fabricated the allegations.
In contrast, the state contended that the trial court could reasonably conclude that the defendant knowingly touched the complainant in an insulting or provoking manner.
When the complainant was informed of this he realised that the suspect had duped him and reported the incident to police," the officer said.
A Complainant is required to make out an initial prima facie case that the Respondent lacks rights or legitimate interests.
The complainant said he had never made inaccurate claims about his Navy career; he was not "banned from trading in shipping"; and there was not anything untoward about the coastal patrol scheme referred to in the piece.
18) Just as no sexual activity is appropriate for children, it is not uncommon to see women with mental disabilities who do have prior sexual experience have that experience deemed "inappropriate", (19) as it would be if the complainant were in fact a child.
Moreover, the testimonies from 12 out of the 64 complainants in the case have a lot of similarities, a situation which is found unusual by lawyer Fikret Duran who represents Karaca.
But the pair spoke frequently on the phone, where the complainant described Kye's voice as "highpitched".
A series of emails disclosed to the complainant following a request under the Data Protection Act shows that David Richards, the Welsh Government's Director of Governance, was asked by Permanent Secretary Sir Derek Jones to investigate the complaint.
Meanwhile, a Delhi Police official said that the 35-yearold MLA was a property dealer in Kondli area and he struck the deal after showing forged documents to the complainant Vijay Kumar, who is local builder in the same area.