Sexual Assault Charge Withdrawn in Melbourne Magistrate Court: A Case Study

Facing criminal charges, particularly sexual assault, can be a daunting experience. However, hiring a criminal law firm that can help you argue your case in court can significantly reduce the charges against you or get them dismissed altogether. In this case study, we will discuss how a Melbourne-based criminal law firm managed to have charges against their client dismissed.

Background

Our client, whose name has been withheld for privacy reasons, was charged with sexual assault, stalking, and unlawful assault. The allegations made by the complainant were that our client touched her inappropriately and then stalked her. The accused, however, denied the allegations and claimed that the complainant fabricated the story.

Withdrawal of Charges

Our law firm argued that the complainant's story was a fabrication and that even if the prosecution case was taken at its highest, the alleged touching lacked the requisite sexual connotation to support the charge. We cited section 35B(2) of the Crimes Act, which outlines that touching may be sexual due to several factors, including the area of the body touched, the fact that the person doing the touching seeks or gets sexual arousal or gratification from the touching, or any other aspect of the touching, including the circumstances in which it is done.

We contended that the alleged touching did not have the necessary sexual connotation to support the sexual assault charge. The complainant alleged that the accused placed his hands on her thigh and then kissed her hand before she left the vehicle. However, even at its highest, the evidence only pertained to a fleeting touch in a moment of bidding goodbye to the complainant. We also cited the recent case of AB v Paulet, where a similar case was overruled by the Victorian Supreme Court.

Section 35B(2)(a) of the Crimes Act outlines that touching may be sexual due to the area of the body touched. Our law firm argued that a touch on a particular area of someone's thigh is no closer to their genitalia than the shoulder or the back is to the breasts. Therefore, it cannot be classified as sexual under the section.

Moreover, Section 35B(2)(b) & (c) outlines that touching may be sexual due to sexual gratification or any other aspect of touching, respectively. However, our law firm argued that there was no evidence that the accused sought or got sexual arousal or gratification from the touching, and the touching itself did not have any other aspect that could be regarded as sexual.

Outcome

Our law firm argued the case in court and managed to have all charges against our client dismissed. We contended that the accused did not have the requisite sexual intent to be charged with sexual assault, and the touching did not have any other aspect that could be classified as sexual. Therefore, the charges against him were baseless, and the case was dismissed.