What Led to Dhanushka Gunathilake's Acquittal? Inconsistencies in Complainant's Testimony, Lack of "Clear Memory

September 28, 2023

 Sri Lankan cricketer Dhanushka Gunathilake has been acquitted of all charges in a sexual assault case following a verdict handed down today at Sydney's Downing Centre District Court. The judgment, delivered by Judge Sarah Huggett, cited discrepancies in the complainant's accounts as a critical factor in the decision to find the defendant not guilty.

The case revolved around allegations of sexual assault brought against Gunathilake, which had been under legal scrutiny. During the trial, the judge highlighted key inconsistencies in the complainant's statements.

The judge noted that the complainant had provided two separate statements, and these statements offered differing accounts of the events in question. Of particular importance was the second statement, made in April of the current year, which delved into the issue of "stealthing," a term used to describe the non-consensual removal of a condom during sexual intercourse.

However, Judge Huggett observed that the complainant's recollection regarding the time when she discovered the condom on the floor was not entirely clear. The lack of a "clear memory" around this critical moment in the events further contributed to the uncertainty surrounding the case.

As a result, Judge Sarah Huggett concluded that the evidence related to the "genesis" of the complainant's complaint significantly undermined the reliability of her testimony. Consequently, she found Dhanushka Gunathilake not guilty of the charges brought against him.

The verdict has been met with a range of reactions, with some expressing relief on behalf of Gunathilake, while others continue to advocate for reforms in the legal system surrounding sexual assault cases.