This is a case study on a charge of Intercourse With Child Outside Australia.
Our client was charged with having gone to Bali on a holiday with some friends. These friends had brought their grandchildren along and one of the children was a girl aged under 10. It was alleged that while on that holiday, the client digitally penetrated her vagina, in his hotel room. She did not make her complaint until four years later. She first told a friend from her school, and then later disclosed the matter to her grandmother who called the police immediately. Our client was interviewed and made a ‘no comment’ interview.
This was a challenging case for many reasons. The complainant gave an account where she clearly disclosed an offending against her. Years after the incident, she was able to give a detailed account of what she says happened, and the circumstances surrounding it. She was aged 13 when the complaint was made.
Successfully defending matters like this requires an in-depth analysis of the evidence. It requires trying to understand the complainant’s motivations, where often they do not appear readily. It also requires a wealth of life experience to be able to appeal to the common sense of the jury in a persuasive and logical manner.
Kristina Kothrakis represented the client at the Melbourne County Court on the charge of Intercourse With Child Outside Australia.
Our client vehemently denied having committed the offence. Through extensive taking of instructions, we had in-depth knowledge of the relationships between the parties. We issued relevant subpoenas which revealed information that were inconsistent with the account previously given by the complainant. We were able to highlight the inherent implausibility of the offence having been committed.
We were also able to find a narrative which explained why this girl, at age 13, said such things and nominated our client as being responsible. It was a case won on the detailed analysis of the facts and an effective presentation of those facts to the jury. Kristina worked closely with our in-house counsel, Josh Taaffe, in this matter from before the committal hearing. They work strongly together and yet again have proven to be the winning combination.
After deliberations, the jury delivered a verdict and our client was found not guilty of Intercourse With Child Outside Australia.
Other related case studies:
- Sexual Penetration of a Child Under 16 – Acquitted
- Guilty Plea to Indecent Assault – No Conviction
- Indecent Assault, Sexual Penetration Case Study 2
- Indecent Act with a Child Under 16 – x2; Sexual Penetration of a Child Under 16 – x3
- Rape and Indecent Act with a Child Under 16 – Wholly Suspended Sentence
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.
Visit Kristina’s profile to read more about her background and experience. You can also find her on Google+.
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 15/08/2018