Sharon Whitehead v Michael Moon

Sharon Whitehead, the plaintiff, brought a case against Michael Moon, the defendant, alleging sexual assault in the form of sexual intercourse without consent. The case was heard in the Supreme Court of Victoria. The primary issue before the court was whether consent could be implied from previous sexual activity between the parties, and if not, what damages should be awarded for the assault.

The court had to determine if the defendant's previous sexual encounters with the plaintiff constituted consent for subsequent acts of intercourse without explicit agreement. The court concluded that prior sexual activity did not necessarily imply consent for subsequent acts and that the plaintiff had not consented to the act in question. The court also considered the impact of the assault on the plaintiff's psychological and psychiatric well-being, including the loss of her virginity and the exacerbation of pre-existing psychological vulnerabilities. In assessing damages, the court awarded the plaintiff $668,856.00, taking into account the loss of virginity and the psychological consequences of the assault. The court did not award exemplary damages but did award aggravated damages due to the defendant's conduct during the trial.

The final orders of the court included entering judgment for the plaintiff in the amount of $668,856.00, with the defendant to pay the plaintiff's costs. The order as to costs was to be stayed for 14 days, with the possibility of further orders if either party indicated an intention to apply for a different order regarding costs.