Sexual Penetration and Indecent Act With a Child Under 16

This is a case study involving charges of Sexual Penetration and Indecent Act With a Child Under 16.

What is alleged to have occured?
Our client is the step-grandfather of the complainant. The allegation was that when the complainant was between the ages of 4 and 13, the client touched her vagina on many occasions as well as committed vaginal penetration using his fingers. It was alleged that he would offend against her when she was visiting their home and even at family functions. The complainant disclosed the alleged offending to the family a number of years ago but did not proceed to make a police statement until more recent times.

Kristina Kothrakis represented the client at the Melbourne County Court. The charges were:

What happened at court?
Our client was an elderly man in his 70’s. He was fortunate to have the support of a large proportion of the family who were keenly involved in assisting us with our preparation. This was a very large and close family who had regular get-togethers from the time the complainant was a young child to when the disclosure was made.

The complainant had provided a narrative of how she remembered things to be from her childhood. Through the use of photographs that had been taken during family events and other occasions, as well as through other things such as drawings and cards the complainant had made for our client, we were able to demonstrate a different picture from the one the complainant had presented. She unfortunately experienced mental health issues and had seen psychologists over the years.

We made an application to the court to be permitted access to some of the records. We determined that this was a case wherein it was in the client’s best interests to show the prosecution the quality of the material and arguments we had for the trial, in an effort to have them agree to withdraw. This course is not appropriate for all cases, but this was one where we had such confidence in the state of our case.

What was the result?
The end result was the prosecution determining that this was not a matter that should continue. The charges of Sexual Penetration and Indecent Act With a Child Under 16 were all struck out.

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 14/02/2018