A 53-year-old south australian mother, Cynthia Frahn, has failed to overturn her sexual abuse conviction after performing sexual acts on a 15-year-old boy who had passed out at a party.
The incident occurred at her home in monarto, 63km southeast of adelaide, in june 2023,
During her trial, a jury was told the teenager had passed out in a tent during a party at Frahn’s home before waking to find her performing the sex act on him.
She was sentenced to four years in jail, with a non-parole period of two years and six months.
Frahn then attempted to have her conviction and sentence overturned due to her claim the judge had made ‘the prosecutor’s fallacy’, a logical error.
Her solicitor told the appeal panel this was ‘equally capable of being explained by innocent transference in undisputed circumstances’.
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👉 JOIN GISTSMATE WHATSAPP CHANNELBut the panel chose to uphold her conviction and sentence, rejecting her case. ‘It was consistent with the verdict for the judge to find that the complainant was not willing and did not acquiesce in the applicant’s acts,’ the judgment read.
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