Indecent Assault – Charges Withdrawn

This is a case study involving a complaint about indecent assault which eventually got withdrawn.
Our client was a bus driver for a local private bus company. A passenger made an uncorroborated complaint of indecent assault against him, alleging that he picked her up in the bus whilst it was out of service and touched her genitals over her clothing whilst making sexually suggestive comments to her. Our client was stood down from his position and was charged with indecent assault.
We represented the client at the Melbourne Magistrates’ Court.

Our client sought legal advice early and we were able to assist him with advice as to how to proceed in his record of interview. We were also able to provide the Police with a name of another bus driver to whom the complainant had admitted that she was angry that the bus driver (our client) rebuffed her previous advance and that ‘she would show him’.
After two summary case conferences, the withdrawal of the charges were successfully negotiated without the matter having to proceed to contested hearing. Our client was offered his employment back in the circumstances.

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