This is a case study on the offence of engaging in sexual activity directed at another person in Seymour. The police charged our client with the said offence in circumstances where the latter had no criminal history, was hardworking and married with families. Our client was from a culture where it is taboo to discuss sex, and they had not felt comfortable discussing their sexual difficulties with a GP previously.
The offence of sexual activity directed at another person is contained in section 48 of the Crimes Act 1958 (VIC). The offence is charged in circumstances where a person is alleged to have been engaging in a sexual act that is seen by another person, and the person engaging in the sexual act intends or knows that the other person will experience fear or distress from seeing the activity. The maximum penalty is 5 years imprisonment, meaning the offence is referred to as a summary offence and is regularly dealt with in the Magistrates’ Courts of Victoria.
What is alleged to have occurred?
Our client was charged after an incident where they were having a massage, and the client ended up ejaculating during the massage. Our client did not intend to do this. The masseuse was distressed and reported the matter to the police.
Our client had been experiencing sexual health issues leading up to this incident and had purchased several products from eBay to try and help the problem – for example, enhancement gels and penis enlargement pills.
What happened during the investigation and at court?
Our lawyers obtained evidence of all of these purchases and advised our client to attend their GP to discuss the health issue with them to receive legitimate medical advice.
In our client’s record of police interview, our client told the police that it was an accident and expressed genuine remorse.
The matter was heard at the Seymour Magistrates’ Court.
Before the first mention date, our lawyers engaged in a case conference with police prosecutors. We conveyed to the prosecution that this was an accident and attached the eBay purchase receipts and evidence that show our client as having sought appropriate health advice from the GP.
What was the result of the charge of sexual activity directed at another person in Seymour?
We were able to persuade the prosecution to withdraw the charge against our client before the first mention date – meaning our client did not have to attend court in relation to the charges.
This was a favourable outcome for our client who was deeply embarrassed, remorseful and concerned about being charged by police. Our client was extremely relieved that the charges were withdrawn and went on to seek appropriate medical treatment and to move on with their life without a criminal record. Our lawyers were pleased to assist a person who was dealing with legitimate health concerns.
Annamiek Van Loon
Annamiek Van Loon is one of our Senior Associates based at our Melbourne and Heidelberg offices. She handles a variety of cases involving both summary and indictable charges and has appeared in hundreds of hearings across Victorian courts.Annamiek has extensive experience in matters involving intervention orders; applications related to bail, appeals, and firearms; and is particularly interested in cases involving sexual and/or violence allegations, drugs, financial crimes, including driving matters.
View Annamiek Van Loon's profile.
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 20/05/2025
