British rapper and YouTuber, Yung Filly, born Andrés Felipe Valencia Barrientos, has recently been at the centre of serious criminal allegations in Australia. This article, whilst reviewed by our criminal solicitors, is not to be taken as legal advice.
The 29-year-old, who was recently on tour, was arrested and charged with sexual assault and assault following an alleged incident in a Perth hotel room on the 27th of September this year. Yung Filly is facing multiple charges, including four counts of sexual penetration without consent, three counts of assault, and one count of impeding a person's normal breathing or circulation by applying pressure to their neck.
Who is Yung Filly?
Yung Filly is a 29 year-old British rapper who is also an online personality whose real name is Andres Felipe Valencia Barrientos. He is also popularly known for his creative work as a YouTuber. He was born in Colombia and subsequently moved and settled in the UK, first starting out his career on YouTube in 2013 before commencing his music career in 2017.
Why Did Yung Filly Get Arrested?
Yung Filly who was performing in Australia, had completed shows in Melbourne, Sydney and Gold Coast before his performance in Perth on 27 September 2024. Whilst in Perth it is alleged that he raped and choked a woman in a Perth hotel room after a nightclub performance on 27 September 2024.
He was arrested at Brisbane and taken to Perth where he appeared before the Magistrate's court and granted bail with conditions to remain in Western Australia, prohibition on posting anything about the case and not to contact the complainant in the proceedings.
As part of Yung Filly's bail conditions, includes surrendering his passport, providing $100,000 security and daily reporting to police.
Yung Filly Charges Update
The British YouTuber and musician Filly has applied to the Perth Magistrate's Court to change his bail conditions to update his new residential address which was subsequently granted on 23 October 2024.
The charges at this stage continue to be pressed with no sign of being dropped. It is assumed at this stage that Yung Filly is contesting the allegations whilst upholding the presumption of innocence as it applies as a matter of principle according to law.
This blog explores the legal framework under which these charges fall, focusing on the relevant offences under Western Australian law.
Sexual Penetration Without Consent
At the heart of the charges against Yung Filly is the offence of sexual penetration without consent. This offence is outlined under section 325 of the Criminal Code Compilation Act 1913 (WA), which states that sexual penetration without consent is a serious crime, carrying a maximum penalty of 14 years imprisonment.
The definition of "sexual penetration" under the Code is broad and includes the penetration of the vagina, anus, or mouth by a penis or other body part, as well as the penetration of the vagina or anus by an object manipulated by another person.
The offence requires the absence of consent on behalf of the complainant. Under section 319 of the Code consent is defined as a "free and voluntary agreement" which must not be influenced by force, intimidation, threats, deceit, or fraud. The Code specifies that a person does not automatically consent just because they fail to resist physically. Moreover, silence or lack of active resistance cannot be interpreted as consent.
A defence of 'mistake of fact' is available to this offence under section 24 of the Code, if an accused acted under an honest and reasonable, but mistaken, belief that the complainant was consenting.
It's unclear whether Yung Filly is going to plead not guilty to this offence. If he did, he'd likely be arguing either that sexual penetration didn't take place or that the complainant consented to the penetration and/or that the defence of mistake of fact applies.
Assault
In addition to the rape charges, Yung Filly faces three counts of common assault under the Code.
Section 313 of the Code defines common assault as any unlawful application of force or the threat of force against another person. The maximum penalty for this offence is:
- Up to three years imprisonment and a fine of $36,000 if circumstances of aggravation apply; or
- Up to 18 months' imprisonment and a fine of $18,000 in all other circumstances.
Circumstances of aggravation for assault include the presence of a domestic relationship, the involvement of a child or elderly person, or the existence of a restraining order. While these factors have not been explicitly mentioned in Yung Filly's case, any assault charge in combination with sexual offences could have a compounding effect on the overall severity of the charges.
Strangulation and Suffocation Offences
Finally, Yung Filly faces the accusation of impeding a person's normal breathing or circulation by applying pressure to their neck. This offence falls under the relatively new section 298 of the Code, which criminalises suffocation and strangulation.
This offence applies if a person unlawfully blocks another person's nose or mouth or applies pressure to their neck, impeding their breathing or circulation. This offence carries a maximum penalty of five years imprisonment, which can be extended to seven years if aggravated circumstances are present.
Click here for more on some famous criminal cases in Australia.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
