Case Study Indecent Assault with a Child Under the Age of 16
Indecent Assault with 16 Year Old Child x 3 Charges
The client had a nine-year-old step-daughter. On two separate occasions, whilst the child pretended to be asleep, the client made her touch his naked penis for a period of minutes. When she had a 10-year-old friend visiting, the client mistakenly made the friend touch his naked penis.
The matter was listed in the Magistrates’ Court. It was a difficult case because the offending related to very young children. In the client’s favour, he had made full admissions, was co-operative with police, and had demonstrated significant remorse. Through a psychological report we had linked his own abuse to the offending, which reduced his moral culpability.
Taking all these factors into account the Magistrate imposed a nine month prison sentence with six months wholly suspended for 12 months. This meant the client only had to serve three months in prison.
Given the age of the complainants, and the fact that the Court of Appeal has indicated a sex offence against children in the community should be met with years in prison, not months, this was a good outcome.