Sexual Penetration of a Minor
Charges
5 charges of Committing an Indecent Act with a Minor. Moorabbin Magistrates’ Court.
Facts
It was alleged that around 15 years ago the client had performed a number of sexual acts with 2 sisters (not his sisters) who were aged 13 and 15 at the time, including sexual penetration. The client denied all allegations put to him at interview, and was prepared to fight the charges all the way. If found guilty, the client would be a registered sex offender for 15 years. Police had left reference to sexual penetration in the summary but had not laid the charge. The first question our client had for us was, what is sexual penetration and how is that in the police summary?
We indicated that any charge involving sexual penetration was very serious and we would endeavour to have that removed from the police narrative as it was not supported by the charges.
We noted that the police had also listed the matter in the summary jurisdiction. If the police had laid the charge of sexual penetration to support the allegations in the police summary, the matter would have to proceed in the committal stream.
Following a frank discussion with the prosecution, the parts of the police summary that detailed penetration were removed as they were not properly supported by the evidence. From there the only allegations that proceeded were those consistent with the charge of indecent act with a minor (Note, the charge of indecent act with a minor has since been repealed but does come up from time to time in relation to old offending).
Results
The matter was first listed for Case Conference. It then progressed to Contest Mention, then to Special Mention and was finally set to go to Contested Hearing. Fortunately for the client, we sensed the prosecution were delaying in relation to providing our office with materials and were also reluctant to progress the matter to hearing.
Following lengthy discussions at the Special Mention, the prosecution withdrew the charges. This was on the basis that our client instruct us not to seek repayment of legal costs from the alleged victims. All charges were withdrawn.
This case highlights the benefits of engaging experienced lawyers who always engage in thorough preparation. The police knew that the case was not clear cut, and that if they proceeded to Court and lost they were looking at huge costs.
It is likely that these two factors contributed to the police withdrawing the charges.
