Offer Sex Agreement With Child – Bond, No Conviction

girl-indecentOur client is a man in his late 50’s who suffers from a physical disability.

On an occasion, he asked his niece, who was 17 at the time, to accompany him into a room of the house. Whilst in there, he offered to pay her $100 if she would allow him to perform certain sexual acts on her, and she on him. She became immediately distressed and exited the room. Other family members who were present in the home were alerted.

He made admissions to having acted in that way. He also made full admissions to police and made a confessional statement. He was charged with Offer to enter sexual agreement with a child under 18.

Kristina Kothrakis represented our client at the Melbourne Magistrates’ Court.

The charge was one of offering sexual services to a minor for money and is traditionally a very serious charge which carries the potential for a 15-year term of imprisonment as a maximum penalty. It is a matter that is ordinarily dealt with in the County Court. Kristina Kothrakis made an Application to the Court for the matter to be heard and determined summarily (in the Magistrates’ Court). This was granted and a plea was conducted.

Kristina had obtained a significant amount of medical material evidencing our client’s serious health problems, part of which is a forensic psychologist’s report indicating that our client was not a sexual risk to the community. Kristina submitted to the Court that this is an unusual case which can be dealt with by way of a good behaviour bond. She further submitted that given our client’s lack of priors for sex offences, the bond should be made without conviction. This was exceeded to by the Magistrate.

It was very important in this case to properly convey the situation that our client was in, both physically and psychologically, to secure a good result. This was able to be achieved.

Our client was placed without conviction on a good behaviour bond. He was also placed on the Sex Offender Register for the mandatory period of 8 years.

 


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.

Visit Kristina’s profile to read more about her background and experience.

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