A woman who had consensual intercourse with a man then claimed she was raped was given a custodial sentence in Orange Local Court for making the false accusation.
Magistrate David Day and police prosecutor Sergeant Beau Riley doubled down during the sentencing of Brittney Ann Keogh, 19, of Dalton Street, about how such lies are harmful to the victims of false claims, and victims of sexual assault, by creating an impression they will not be believed.
Keogh admitted the lie five days after she made the claim to cover up that she had cheated on her partner. She was also sentenced for an unrelated charge of intimidating a woman.
According to police, she participated in sexual acts with the victim in his car outside a party in the early hours of August 1, 2020, until her partner arrived.
She left with her partner and close to 6am he called the police when she told him she'd been raped.
She then told police, the victim had wrapped a chain around her neck and pulled her against her will into the vehicle and forced her to take part in intercourse and other sexual acts without her consent.
Keogh was taken to Orange Hospital where a doctor was recalled and a sexual assault counsellor attended for a sexual assault examination, during which no injuries consistent with her story were found on her neck.
An off-duty detective from Orange also started an investigation and two other off-duty detectives were contacted and briefed.
At 7.45am four uniformed police and the detective went to the victim's home where he was interviewed and said the sexual acts took place but were consensual and he denied wrapping a chain around her neck.
He was not arrested but his phone was reviewed and documented, and his clothes and car were seized.
Mr Day gave Keogh a 15-month community-based Intensive Correction Order with 50 hours of community service for making the false claim.
"It's made more serious by the impression in the community that victim's cannot be believed and that there are people who make false accusations against innocent parties," Mr Day said.
"[It] perverts the course of reporting sexual offences by people like Miss Keogh crying wolf."
Sergeant Riley also said it adds to the perception victims and sexual assault victims will not be believed and said general deterrence was required to stop others from making similar false claims.
In the other matter, Keogh intimidated a woman after shooting a video of her travelling past the victim's address on July 6, 2021, and making a threat against her.
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