Sexual Penetration of a Child Under 16 – Acquitted
Our client was charged with sexually penetrating his 6 year old goddaughter while the families were away on holiday together. The allegations date back to the early 2000’s and there was a big delay in the girl complaining to the police. It came out firstly to a friend of hers from school, and then teachers and parents became involved. Our client was interviewed and made denials to the police. He pleaded not guilty at the trial.
Following the committal hearing, we were able to persuade the prosecution not to proceed with 2 of them as the complainant was not able to properly identify each of the instances as an independent recollection. They all ‘blended into each other’. It is not fair for an accused to face charges where they can not be properly particularised. The Trial was then only in relation to one instance of sexual penetration.
The complainant had serious mental health problems. We issued subpoenas and were able to get a significant amount of material from her treating physicians. Our client was a man with no prior convictions, and was of good character. We were able to really emphasise this point by calling long standing friends of his to give evidence as to his character. We were ultimately successful in having him acquitted of the charge.
As an instructing solicitor Josh has specialised in handling complex matters, such as murder and terrorism trials, including State and Commonwealth Supreme Court trials. Josh is an Accredited Criminal Law Specialist.
Visit Josh’s profile to read more about his background and experience.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 27/07/2015