Allegations of Sexual Assault By a Teacher – No Charges Made

This is a case study on allegations of sexual assault by a teacher resulting in no charges made.

What is alleged to have occured?
Our client was a teacher at a secondary school. She was called in by the police to participate in a recorded interview following an allegation made by a male student – that she had sexually assaulted him whilst at school. She participated in the interview and denied having committed the offence. She did not speak to a lawyer prior to the interview but came to us almost immediately afterwards. She was extremely distressed about the allegations.

Clearly, these sorts of allegations have huge implications for her teaching career; both through de-registration and, if found guilty, potential imprisonment. Her registration was immediately suspended while the investigation was underway. We spoke with the client at length and decided that this was a case where we should be pro-active and try to stop the investigation prior to police formally charging her.

What happened at court?
Kristina Kothrakis acted on the client’s behalf.

The decision about whether to take this pro-active approach must be taken with great care. It is not appropriate in all cases. In making the decision in this case, we knew that even just the fact of being charged (regardless of what the ultimate outcome was going to be) would have serious implications for the client’s career. We determined that the allegations of sexual assault by a teacher were fundamentally flawed, and that with a proper submission the police should realise that their case was destined to fail.

The preparation process is intensive and involves gathering statements from witnesses and collating documentation that will demonstrate the point. We work closely with Queen’s Counsel who provide their opinion as to the viability of the allegations. The document is then provided to the police prior to them making their determination.

What was the result?
In this case, we were successful in that after reading our submission, they decided not to charge her at all. The Police did not authorise the brief and no charges were made as a result.

This is a huge win for the client. It means that she will be able to return to her life of teaching and put the matter behind her. Had we not intervened, Kristina was confident that the police would have proceeded to charge her with sexual assault by a teacher which is a very serious allegation. It is really important that people come to see us as soon as possible once they become aware of a police investigation. We are then able to give advice which will keep all available options open.

Elements of Sexual Assault:
  • the accused intentionally touched a person
  • the touching was sexual
  • the person did no consent to the touching
  • the accused did not reasonably believe that the person consents to the touching
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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.

View Kristina Kothrakis’ 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 31/10/2018