This is a case study on good behaviour bond without conviction for Sexual Assault.
Our client had previously been in a sexual relationship with the complainant. That relationship was off and on for some time. On the date of the offence, the two had been in contact and decided to catch up. Our client attended at the complainant’s home, picked her up, and they went out. They later returned to her home where the complainant invited our client in saying he could only stay 15 minutes.
Between 9pm and 3am that night, our client tried to persuade the complainant to have sex. He tried kissing her and touching her and at times straddled her and sat on her stomach. Each time the complainant said "no" refusing his advances and asking him to stop. They eventually fell asleep.
The next morning, the complainant woke to find our client using her hand to masturbate himself. He continued to do this even when she said stop. He then straddled her and ejaculated on her face. Afterwards, the two dressed and our client left the complainant’s home.
Text messages were exchanged between the two of them later that day. Our client apologised for pushing things too far and for persisting when she asked him to stop. The complainant later spoke with a friend and her mother and then made a statement to the police. Our client was interviewed and made a "no comment" interview. He was charged with:
- Sexual Assault
- Sexual Assault By Compelling Sexual Touching
- Assault With Intent to Commit Sexual Offence
Amelia Ramsay provided legal representation at the Bacchus Marsh Magistrates' Court. She successfully handled the case which ultimately resulted in a good behaviour bond without conviction for Sexual Assault.
Upon review of the brief, Amelia advised the client that while it appeared the complainant’s statement and the summary of alleged facts may not be the whole story, a magistrate was likely to find that the text messages he sent were an admission of guilt. The client was then advised in light of those text messages that it was best to negotiate an outcome with the prosecution and prepare for a plea of guilty, to ensure that he got the benefit of an early plea of guilty.
On the first court date Amelia discussed the matter with the prosecutor and sought to have the charges rolled up into one. The prosecutor agreed to withdraw some of the charges and indicated that she would support a without conviction outcome.
Amelia sought some amendments to the summary as instructed by the client and the prosecutor agreed to these amendments for the plea hearing. In preparation for the plea, Amelia recommended that the client commence sessions with a qualified counsellor or psychologist focussing on treatment for inappropriate sexual behaviour. Being able to rely on a positive report from a treating psychologist during a plea will allow us to submit to the court that the client has been proactive in addressing the source of offending, is at least part-way towards rehabilitation, and is remorseful.
The client was also advised that character references would assist in demonstrating to the court that outside of this offence, he was a person of good character. Amelia assisted the client by providing our Character Reference Guide with instructions on how to prepare character references for criminal offence court matters along with some examples. The client was able to gather approximately 10 references from friends, family, and employers for the plea date.
Amelia brief our in-house counsel, Joshua Taaffe, to appear at the plea to be instructed by her. Joshua Taaffe appeared and while conceding that the matter was serious, persuaded the magistrate to impose a disposition that guaranteed the client would continue treatment but also not prevent him from pursuing his chosen career path.
The client was ultimately sentenced to a 12-month good behaviour bond without conviction for Sexual Assault. The conditions of the bond include making a contribution to the court, completing the Sex Offender Treatment Program, and ensuring that the client is of good behaviour within the said period.
- The accused must have intentionally touched another person.
- The touching must be sexual.
- The other person must not have consented to the touching
- The accused must have not reasonably believed that the other person consented to the touching.
Other related case studies:
- Sexual Assault – Adjourned Undertaking, Without Conviction
- Diversion for Sexual Assault
- Sexual Assault – No Priors
- Community Corrections Order for Sexual Assault
- Downgrading Sexual Assault to Unlawful Assault
Since joining Doogue + George, Amelia has represented clients in a broad range of indictable offences including, manslaughter (one-punch laws), foreign incursion and terrorism related offences, importation of drugs, cultivation of drugs, and sexual offences. Her work has included trials in the County and Supreme Court, plea hearings and contested committals as well as appeals to the Court of Appeal. Amelia works closely with barristers including briefing Queen’s and Senior Counsel. Amelia also appears regularly at the Melbourne Magistrates' Court and suburban courts as a solicitor advocate.
Check out Amelia's profile to know more about her legal background and specialisations.
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 13/02/2019