Actor Craig McLachlan found not guilty of assault and indecent assault charges
Actor Craig McLachlan has been found not guilty of 13 indecent and common law assault charges during the Melbourne stage production of the Rocky Horror Show.
Magistrate Belinda Wallington acquitted the actor of all charges relating to the alleged indecent assault of four women in the Melbourne Magistrates' Court yesterday.
The seven indecent assault charges and six common assault charges related to the time in which McLachlan was a performer in the Rocky Horror Show theatre production.
While delivering her judgment, Magistrate Wallington said McLachlan had been accused by one of the women, known as CA, of kissing her without consent.
She said another, CB, gave evidence that he had pressed his genitals against her during a "full-bodied hug".
Magistrate Wallington also noted that another accuser had advised the Court that McLachlan had touched her genitals on stage.
Magistrate Wallington went to say that while she accepted some of the complainants' evidence, she said it did not meet the high criminal standards required to prove the charges.
She advised “the four complainants were brave and honest witnesses (but) I was not persuaded that there was evidence of collusion between the complainants. I was not persuaded that there was evidence of motive or that the complaints were made for reasons for career ambition or for any other such reason."
During one of the alleged incidents, Magistrate Wallington said McLachlan was accused of inappropriately tickling the inner-thigh of a woman on stage, known as CC.
Magistrate Wallington added "I'm unable to exclude the possibility that an egotistical, self-entitled sense of humour led the accused to genuinely think that … CC was consenting to his actions.”
Magistrate Wallington said the "result may have been different" if current consent laws were applied in this case, stating “the law requires me to apply the law as it stood at the time of the alleged offending.”
She said that required her to "apply a subjective test as to the accused's belief as to whether a complainant consented to sexual touching".
However, Magistrate Wallington stated that consent laws had changed since the time of the alleged assaults, commenting “the law on consent has been replaced with a more objective test: Was the accused's belief reasonable?"
"Were the current law applicable, it is possible the result may have been different."
In addition to her criticism of McLachlan, Magistrate Wallington also took exception to McLachlan's defence lawyer Stuart Littlemore for his line of questioning towards the complainants and what she said was a victim-blaming attitude towards the women.
Speaking in Sydney after the verdict was handed down, an emotional McLachlan said he and his partner Vanessa Scammell would have more to say in the new year.
He advised “as you can imagine, we have a lot to say
"We've maintained a dignified and respectful silence for the past almost three years and put our trust in the law.
"And here we are today."
He thanked his legal team, including barrister Stuart Littlemore QC, whom he praised for his "extraordinary energy and humanity".
McLachlan has starred in television, theatre and film productions since the 1980s.
Image: Craig McLachlan (at right) as Frank-N-Furter in the Rocky Horror Show production. Credit: Rocky Horror Show Australia.
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