Our client was arrested and charged with two counts of intentional sexual touching, an allegation that put his freedom and future on the line. He was held in custody while the matter proceeded. Our client always maintained his innocence and instructed us to fight the charges rather than accept any resolution that did not reflect that.
Sexual touching charges
The charges related to an allegation involving a person known to him through a close family connection. Our client denied the alleged conduct outright and gave police an account of events when interviewed. He entered pleas of not guilty to both charges and the matter proceeded to a defended hearing before a Sydney Local Court.
Intentionally sexually touching case
He was charged with two counts of intentionally sexually touching under section 66DB(a) of the Crimes Act 1900 (NSW). The prosecution’s case rested heavily on the complainant’s account of what had occurred. Given the nature of the allegations, both the outcome for our client and the wellbeing of the complainant needed to be handled with the utmost care throughout the proceedings.
Our criminal solicitor’s approach
Our criminal defence lawyers prepared for a hearing that ran over two days, with several police and civilian witnesses called to give evidence, including an expert witness who had completed a medical assessment of the complainant. A central part of our case was the complaint evidence itself, closely examining what the complainant had told different people close to her, and what she had told police. We tested the consistency between those accounts. We also carefully tested the quality of the evidence that identified our client, including whether it reasonably excluded the possibility that someone else was involved. Cross-examination of the expert medical witness formed a further part of our strategy, addressing what the medical assessment could and could not establish. Read more of our criminal law case studies.
What happens at a defended Local Court hearing?
A defended hearing is where a person charged with an offence pleads not guilty, and the matter is tested before a magistrate, who hears evidence from both the prosecution and the defence before deciding whether the charges are proved beyond reasonable doubt. Our fact sheet on sexual assault charges in NSW explains how these charges are dealt with and what to expect.
Charges of sexual touching dismissed
After a two-day hearing, the magistrate found the charges were not proved and dismissed both counts. Our client was released from custody immediately. This was a significant outcome for our client, whose liberty and future rested on the strength of the evidence being properly tested. It also reflects why complaint evidence and identification evidence are examined so closely in matters of this kind. Read more about sexual touching charges in NSW. We always change the names and other identifiable details in case studies to protect client privacy. Past results do not guarantee future outcomes. Every case is assessed on its individual merits. This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
Facing serious criminal allegations?
Being charged with a serious criminal offence does not mean the outcome is decided. Every allegation deserves to be properly and carefully tested. Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.
