Withdrawing Charges of Obscene Exposure

This is a case study on withdrawing charges of Obscene Exposure resulting in the case being adjourned and the charges ultimately withdrawn.

What is alleged to have occured?
Our client was a 15-year old child who had never been in trouble before. He was charged with two charges of wilful and obscene exposure for exposing his genitals in two separate incidents. Our client exposed himself to two young girls at a park.

What happened at court?
We represented the client whose parents contacted us well before their son was even charged for the offences. We acted on his behalf at the Melbourne Children’s Court. Our client had admitted committing the offences. We arranged for our client to begin treatment with a forensic psychologist.

A few months later our client received his charges and had already engaged well with his treatment. The case was originally listed at the Moorabbin Children’s Court. We contacted the Police informant and the specialist Police Prosecutors who deal with sex offences at the Melbourne Courts. We were able to persuade police to allow the case to move to the specialist list at Melbourne.

As our client was over the age of 15, he could not be considered for a therapeutic treatment order. We discussed with Prosecutors the possibility of the sex list diversion treatment – an option that at the time was only available at Melbourne. All agreed that this was an appropriate case for treatment and diversion. Amongst the reasons were that treatment had already been commenced and that our client had also been a victim of someone exposing themselves to him.

What was the result of withdrawing charges of Obscene Exposure?
Ultimately the case was adjourned while our client continued treatment with his forensic psychologist. At the completion of treatment, once a report was provided to police indicating a low risk of re-offending, all charges were withdrawn.

Our client, after his successful treatment, now has no records and can move on with his life. 

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