This is a case study that involves a client who was charged by the police with the offence of engaging in sexual activity directed at another person at the Heidelberg Magistrates’ Court. Our client had no criminal history, was married with a family, and was a hardworking person. They were also from a culture where talking about sex is taboo, so our client previously had not felt comfortable talking to a GP about sexual difficulties.
The crime of sexual activity directed at another person is set out in section 48 of the Crimes Act 1958 (Victoria). It is committed by a person who engages in a sexual act that is observed by another person, and the offender intends, or is aware, that the act will cause fear or distress. The offence carries a maximum penalty of five years’ imprisonment. As a result, it is classified as a summary offence and is commonly heard in the Magistrates’ Courts of Victoria.
What is alleged to have occurred?
Our client was charged with sexual activity directed at another person in Heidelberg after being seen on their front driveway by a neighbour, naked with an erection. The neighbour filmed our client walking around our client’s car, flexing their muscles in the car windows and seemingly gyrating at the car.
We met with our client to find out why this happened. They instructed that they were experiencing sexual health issues and bought Viagra overseas without a prescription. After taking one Viagra pill at home, our client ended up overheating and feeling extremely aroused and ran outside to their car which is when the neighbour saw them.
We recommended our client consult their GP despite the embarrassing nature of the matter, to receive appropriate professional help. Our client understood the risk they took in taking medication from overseas without a medical consultation and prescription.
Our client’s spouse provided support and wrote a letter about how embarrassed they were as a family for this incident, how they hadn’t been sleeping, how sorry they were and that they were now proactively seeking help for our client’s sexual health issues.
What happened at court?
Our lawyers provided the explanation for the incident, the spouse’s letter and medical material to police prosecutors when engaging in a case conference before the court date. We were able to persuade police to downgrade the charge to sexual exposure and to recommend our client for diversion.
The case was heard at the Heidelberg Magistrates’ Court and we appeared on the client’s behalf.
What was the result of the charge of sexual activity directed at another person in Heidelberg?
We were successful in our application for diversion. The sentencing Magistrate placed our client on a 1-day diversion plan, meaning that on that same day the charge was discharged, our client walked away with no criminal record. This is the most favourable diversion that can be achieved for adults.
Following the finalisation of our client’s criminal charges, they were motivated to continue seeking appropriate treatment from their GP and was grateful to be able to continue running their business without worry about the consequences of a criminal record.
In this case, our client benefited from the compassionate and understanding approach of our lawyers, and also strategic and expert assistance provided at an early stage of criminal proceedings.
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 21/05/2025
