Indecent Act With a Child Under 16 – Charge Dismissed
Our client was charged with a sexual offence which was alleged to have occurred decades ago when our client was 13 years old. The allegation was that he had sexually assaulted the complainant when she was 5 years old. The complainant said that she knew it was him because he was the person in a photograph that she had.
It was alleged that the sexual assault had occurred in a room adjoining an area where around 20 people were sitting. It was also alleged to have occurred during the day but we were able to establish through witness evidence and photographs that the function was actually at night-time.
The client had never been in trouble and was in his mid-forties, married, and with children. He and his family were devastated by the allegation of sexual assault. He faced a charge of Indecent Act With Child Under the Age of 16.
Bill Doogue represented our client at the Melbourne Magistrates’ Court.
The charge was dismissed.
We collected a lot of evidence to show that the case was one in which the prosecution was destined to fail. The complainant had the year wrong and maintained in her statement that our client was 19 when he was, in fact, 13 at the time. The implausibility of her account was proven by other family members providing accounts of what actually happened on the day in question. Something may, of course, have happened to her on some occasion. But it definitely was not our client and her statement was clearly not true. She purported to remember exactly the conversations that took place, word-for-word, from when she was four before any incident occurred.
It was, unfortunately, one of those cases that go to Court these days because the Police tend to run most allegations.
Accredited Criminal Law Specialist for over 17 years and a criminal defence lawyer for over 25 years.
Bill specialises in defending corporate crime cases and defending serious sexual offences charges. Bill has expertly and successfully defended high profile, high-pressure cases and is highly respected by the Courts, police and his peers. Bill runs the Melbourne office and enjoys his involvement in advising on the higher level strategy that should be used to defend cases.
Visit Bill's Melbourne criminal lawyer profile to read more about his background and experience. You can also follow him on Twitter.
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