Yung Filly to Face Retrial on Three Rape Charges in Australia After Hung Jury
British rapper and YouTuber Yung Filly will face a retrial in Australia on three rape charges after a Perth jury failed to reach verdicts. He was acquitted of three other rape charges but convicted of two assault offences.
British rapper and social media personality Yung Filly is set to face a retrial in Australia on three rape charges after a jury in Perth was unable to reach verdicts on those allegations during his first trial.
The development follows an eight-day trial at the District Court of Western Australia, where the entertainer, whose real name is Andrés Felipe Valencia Barrientos, faced 10 charges arising from an alleged incident involving a 20-year-old woman in a Perth hotel room in September 2024.
On Friday, August 21, prosecutors confirmed that they would pursue a second trial on the three unresolved charges. The complainant, who cannot be legally identified, has indicated that she is willing to give evidence again. (AP News)
Jury delivered mixed verdicts
The original trial ended with a mixed set of verdicts.
The jury acquitted Barrientos of three counts of sexual penetration without consent, as well as a charge relating to choking and another assault allegation.
However, jurors convicted him of two counts of assault occasioning bodily harm connected with injuries the woman sustained.
The jury could not reach the required majority verdict on three additional charges of sexual penetration without consent. Under Western Australian law, a failure to reach a verdict on those counts leaves prosecutors able to seek a retrial.
The decision to proceed with a second trial means Barrientos will once again have to defend himself against those three allegations.
What the prosecution alleges
The allegations relate to an encounter after Barrientos performed at a nightclub in Perth during his 2024 Australian tour.
The complainant, who was 20 at the time, told the court during the original proceedings that she initially consented to sexual activity but that the encounter subsequently became non-consensual.
Prosecutors alleged that the situation became increasingly violent and that Barrientos continued sexual activity after she withdrew her consent.
The allegations were strongly contested by the defence.
Barrientos denied the rape allegations and told the court during his trial that the encounter had been consensual. He rejected the prosecution's account of what happened in the hotel room. (ABC News)
Because the case remains before the courts, the allegations should not be treated as facts.
Two assault convictions remain
Although Barrientos was cleared of three rape charges in the first trial, his legal problems did not end with the verdict.
He was convicted on two assault charges involving injuries to the woman.
Reports from the trial said prosecutors presented photographs showing bruising and bite marks on the complainant's body. The defence disputed aspects of the prosecution's interpretation of the injuries.
Barrientos will eventually be sentenced for the assault convictions.
However, the sentencing will take place after the retrial on the three unresolved rape charges, meaning the outcome of the second proceedings could have a significant impact on his overall legal position.
Prosecutors confirm retrial
Prosecutor Danielle Clarke told Judge Linda Black that the complainant was prepared to testify again.
The prosecution's decision removes uncertainty over whether the three unresolved charges would remain without a final verdict.
A retrial will allow a new jury or potentially a judge sitting alone, depending on the court's eventual decision, to hear evidence relating specifically to the outstanding charges.
Judge Black has asked the prosecution and defence to consider whether the retrial should be heard by a different judge and whether the case should proceed before a jury or a judge alone.
No final retrial date has yet been set, although Australian reports indicate the case is expected to return to court for further procedural hearings.
Yung Filly remains on bail
Barrientos has remained on bail since his arrest and has been permitted to return to the United Kingdom during parts of the lengthy legal process.
He was originally arrested in Brisbane in October 2024, shortly after his Australian tour, following the allegations relating to the Perth hotel incident.
His tour had already taken him to other Australian cities, including Sydney and Melbourne, before the alleged incident occurred in Perth.
The entertainer was subsequently extradited to Western Australia to face the charges.
He is expected to return to court as the legal process continues.
A high-profile British entertainer
The case has attracted significant attention because of Barrientos' profile in British entertainment.
Known professionally as Yung Filly, he became prominent through YouTube and social media before expanding into music and television.
He has worked with the YouTube collective Beta Squad and appeared on several British television programmes, including BBC productions.
His television work has included presenting programmes such as Hot Property and Munya and Filly Get Chilly, while he has also appeared in The Great Celebrity Bake Off for Stand Up to Cancer. (ITVX)
His music career has also produced UK chart success, helping establish him as more than a social media personality.
The criminal case has therefore attracted considerable attention in both Britain and Australia.
The importance of the hung jury
The retrial is necessary because the original jury did not reach a verdict on three of the six rape allegations.
A hung jury does not amount to either a conviction or an acquittal on those charges.
Instead, it means the jurors could not reach the required level of agreement to determine whether the accused was guilty or not guilty.
Consequently, prosecutors have the option of presenting the case again.
The decision to pursue a retrial indicates that the Western Australian prosecution considers the unresolved charges serious enough to warrant another trial.
The complainant's willingness to testify again was also an important factor in moving the case forward.
Defence position remains unchanged
Barrientos has consistently denied the rape allegations.
During the first trial, he took the witness stand and told the court that he was attracted to the complainant and that the encounter was consensual.
He rejected the prosecution's description of events and denied repeatedly assaulting or raping the woman.
His legal team will now have another opportunity to challenge the prosecution's evidence when the unresolved charges return before the court.
The second trial will focus on those outstanding allegations rather than reopening charges on which the jury already returned acquittals, subject to the court's procedural directions.
Fresh cannabis charge
The legal proceedings have also been complicated by a separate allegation involving cannabis possession.
Barrientos has been charged with possessing cannabis while on bail, according to reports.
That matter is separate from the rape allegations and is scheduled for another court hearing. (Sky News)
The additional charge adds another legal issue for the entertainer as he awaits the next stage of the sexual assault proceedings.
What happens next?
The immediate priority is for the court to establish the structure and timetable of the retrial.
The prosecution and defence are expected to discuss whether Judge Black should preside over the proceedings and whether the matter should be heard before a jury or by a judge alone.
The complainant is expected to provide evidence again if the retrial proceeds.
Barrientos, meanwhile, remains entitled to the presumption of innocence on the three unresolved rape charges.
The original jury's acquittals on three other rape charges remain separate from the outstanding allegations, while his two assault convictions stand pending sentencing.
A case that remains unresolved
Yung Filly's Australian legal battle has now entered a new phase.
The first trial produced a complicated outcome: three rape acquittals, two assault convictions, acquittals on other charges and no verdict on three further rape allegations.
The prosecution's decision to retry the unresolved charges means the most serious part of the case remains unsettled.
For Barrientos, the retrial represents another opportunity to contest the allegations and seek a final resolution.
For prosecutors, it provides a second chance to obtain verdicts on charges the first jury could not determine.
As the proceedings continue, the case will remain closely watched in both Australia and the United Kingdom, particularly because of Barrientos' prominent public profile.
For now, the central fact is that Yung Filly has not been convicted of the three rape charges that will be retried. The court will have to hear the evidence again before determining the outcome.