Central Coast Mariners forward Angel Torres has been charged with sexual assault and suspended by Football Australia.
The suspension is currently on a 'no-fault' basis until the matter is resolved – something that could take over 12 months.
The club released a statement emphasising that no finding of guilt has yet been made.
Angel Torres Charged with Aggravated Sexual Assault
Angel Torres was charged with sexual assault and arrested at a property in Terrigal. He was taken to Gosford Police Station where he was charged with two counts of common assault, intimidation, and aggravated sexual intercourse without consent.
The complainant is a 21-year-old woman who alleges the A-League star committed a number of offences against her on 24 March 2024.
He is due to appear at Gosford Local Court on 6 May 2024. Gosford criminal lawyers explain that given the seriousness of the charges, he will not be required to enter a plea on that date. Rather, the court will likely order police serve the brief of evidence on him or his legal representatives.
Central Coast Mariners Release Statement
The Central Coast Mariners released a statement on the Angel Torres charges and confirmed the club was aware of the matter.
They confirmed that Football Australia immediately imposed a no-fault suspension pursuant to clauses 7(b) and 7(c) of Football Australia's National Code of Conduct and Ethics.
The club highlighted that the suspension is a precautionary measure. It covers not only participating in football but also any club-related activities.
"It is important to note that Football Australia in imposing this interim suspension is making no finding of guilt or fault in respect of the offences with which Torres has been charged. Such charges remain matters to be determined by the Courts of New South Wales," the statement read.
Aggravated sexual intercourse without consent
Section 61J of the Crimes Act 1900 (NSW) sets out the definition of aggravated sexual assault as engaging in sexual intercourse with another person without their consent, and at the time a circumstance of aggravation existed.
This is a strictly indictable charge. As such, it must be finalised in the District Court.
The definition of sexual intercourse is contained in Section 61I of the Crimes Act 1900 (NSW).
The following are circumstances of aggravation:
- at the time of, or immediately before or after, the commission of the offence, you intentionally or recklessly inflicted actual bodily harm on the alleged victim or any other person who was present or nearby;
- at the time of, or immediately before or after, the commission of the offence, you threatened to inflict actual bodily harm on the alleged victim or any other person who was present or nearby by means of an offensive weapon or instrument;
- you were with another person or persons;
- the alleged victim was under the age of 16 years at the time of the offence;
- the alleged victim was under your authority;
- the alleged victim had a serious physical disability or cognitive impairment;
- you broke into and entered any dwelling-house or other building with the intention of committing the offence or another serious indictable offence;
- you deprived the alleged victim of his/her liberty for a period before or after the offence
Despite this, there have been a number of recent examples of these
charges being dismissed after an accused retains experienced sexual assault lawyers. Having the best sexual
assault lawyers in Sydney will go a long way towards beating these
charges.
Sexual assault allegations are far more common today than at any time in the past. Community attitudes have changed shifted, in large part due to the #metoo movement. Unsurprisingly, this has made fighting such allegations more difficult than ever before.
Often, a defence of 'honest and reasonable mistake' can be raised on the issue of consent. This is particularly so if the Accused took positive steps to determine whether consent was given. In this situation, if the Accused believes that the complainant was consenting, they may be able to defend the charge.