This is a case study on Sexual Penetration of a Child where an acquitted client was able to rely on his lack of priors and his good character.
What is alleged to have occured?
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.
What happened at court?
We represented the client at the Melbourne County Court on charges of Sexual Penetration of a Child Under 16. He was initially charged with 3 separate incidents.
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.
What was the result?
We were ultimately successful in defending against the charge of Sexual Penetration of a Child where the acquitted client was initially facing multiple charges.
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
