Indecent Act With Child Under 16 – Community Corrections Order

This is a case study on indecent act in the presence of a child under 16 resulting in a Community Correction Order.

What is alleged to have occured?
The client was charged with indecent act in the presence of a child under 16. The child was his young daughter. One day, he was putting her to sleep, and whilst doing so, masturbated and ejaculated in his pants. His daughter had her back to him, and did not witness the incident.

The client had no prior convictions. He suffered from a sex addiction, for which, just prior to the incident, he had sought professional assistance for.

What happened at court?
Kristina Kothrakis represented the client at the Frankston Magistrates’ Court.

The client voluntarily disclosed the incident to his therapist and to the police. His treatment had continued for approximately a year. We obtained a report from his counsellor, which indicated he made made much progress. There was also character material provided to the Court. With this material, we were able to persuade the Magistrate not to impose a conviction.

What was the result?
The client pleaded guilty to one charge of indent act in the presence of a child under 16 and following submissions, was placed on a Community Corrections Order for a period of 18 months.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.
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 25/02/2013