British YouTuber and rapper Yung Filly, known off-stage as Andres Felipe Valencia Barrientos, is currently in a legal battle overseas. While on a tour of Australia, the internet sensation has been charged with multiple serious offences, including rape and assault, following an incident alleged to have occurred in Perth on 28 September 2024.
The case has rapidly caught the media’s attention, both for the severity of the accusations and the celebrity status of his person. In this blog, we look into the nature of the charges he faces, what they entail, and how a similar case would be handled under UK law.
What Are the Charges?
Yung Filly is accused of sexually assaulting a woman in her 20s at his Perth hotel room, following a performance in the coastal suburb of Hillarys. According to Australian reports, he faces the following charges:
• Four counts of sexual penetration without consent (equivalent to four counts of rape under UK law)
• Three counts of assault occasioning bodily harm (akin to either actual bodily harm [ABH] or grievous bodily harm [GBH] depending on injury severity in UK legal terms)
• One count of impeding a person’s normal breathing or circulation by applying pressure on, or to, their neck (mirrored by the recently introduced offence of non-fatal strangulation under the Domestic Abuse Act 2021 in the UK)
If convicted, these offences carry severe legal consequences in Australia. The accusations have yet to be tested in court, but the attention they’ve drawn has already put his public image and career in jeopardy.
Legal Context in Australia and the UK
Despite this case unfolding in Australia, the core legal principles and the handling of such serious charges have clear parallels in the UK. Both jurisdictions categorise these as “indictable-only offences,” meaning they are heard in the highest courts due to their gravity. Whether in the UK or Australia, the approach to crimes of sexual violence and assault hinges on establishing a few critical factors:
- Consent: The cornerstone of any sexual offence case. The prosecution must prove beyond a reasonable doubt that the victim did not consent to the alleged acts and that the defendant did not reasonably believe in such consent.
- Injury severity: For the assault charges, the degree of harm caused is crucial. The legal distinction between ABH and GBH hinges on whether the injuries are considered minor or severe.
- Pattern of behaviour: Often in high-profile cases, the prosecution might attempt to demonstrate a pattern of behaviour, either through similar allegations or witness testimonies, to strengthen their argument that the accused acted in a deliberate and predatory manner.
In Yung Filly’s situation, his legal team will need to challenge these points, as the burden of proof rests on the prosecution. He has so far denied the charges, and his defence is expected to argue that the encounters were consensual and that there is no basis for the claims of physical harm or coercion.
How Would This Play Out in the UK?
Had this alleged incident occurred on British soil, Yung Filly would face similar charges:
• Four counts of rape under the Sexual Offences Act 2003.
• Three counts of assault under the Offences Against the Person Act 1861, either classified as ABH or GBH, depending on the injuries.
• One count of non-fatal strangulation under the Domestic Abuse Act 2021, a relatively new offence that specifically targets strangulation or suffocation in domestic or sexually motivated contexts.
All these charges carry lengthy prison sentences if proven. Rape, for example, can lead to life imprisonment in the most severe cases, while non-fatal strangulation has a maximum penalty of five years’ imprisonment.
However, it is important to remember that Yung Filly, like any other defendant, is entitled to a fair trial and is presumed innocent until proven guilty. The role of his legal representatives will be to ensure that the intense media coverage does not prejudice the proceedings and that the case is adjudicated purely on its merits.
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Disclaimer: The details discussed are based on publicly available information at the time of writing.