A Canberra woman could face a retrial for allegedly falsely accusing her ex-partner of rape, despite winning an appeal against some of the charges.
The man who was a former prison guard spent four months in Goulburn Correctional Centre until police decided the sexual assault allegations had been false.
The woman had accused him of raping her twice and of other assaults and incidents, including being run off the road.
The pair had met in 2011 and bought a house together.
But by November 2013 the relationship had soured and the man moved out.
The court heard the woman began a relationship with another man a month later.
In December 2013 the woman told police she had been raped in 2012, while the pair were still together.
The man was charged and released on bail.
Cleared of one 'false' report, conviction quashed for other
Later, long after the breakup, the woman was found on the floor of her kitchen by a police officer.
She complained the man had attacked her, but did not complain of a sexual assault at the time.
Police arrested her former partner, charged him with rape and remanded him in custody, until he was released after further investigations.
In 2015 the woman was found guilty in the ACT Magistrates Court of making two false allegations of sexual assault and three public mischief offences.
A key part of the appeal was that the woman had not complained of the second alleged rape until after she heard the man had been charged with it by police.
In a complicated ruling, Justice Richard Refshauge acquitted the woman of making a false report about the first alleged sexual assault.
He also overturned the conviction for the second accusation, although submissions will be made to determine whether a fresh hearing is warranted.
The public nuisance charges were upheld.
