VIC Sexual assault charges

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lindajoy42

Active Member
29 July 2022
5
0
31
A family member has been charged with 4 historical assault charges, one of under 16, of which they have no memory. Those who have accused, want the accused on the sex offenders list they believe he will offend again. The lawyer has said even though the accused was asleep when these occurrences happened, it can't be proven. The accused believes that the trigger is lying next to someone, even if it is 2 mattresses on the floor in seperate bedding. its a dissociative behaviour, and now known will never put themselves in that position again. The sleep specialist said the accused does tick the boxes for this to have happened and has probably grown out of it, the accused is also in a better place mentally now than back then.. but the accused has no apparent history of sleepwalking and having no partner so can't prove anything. Since this has happened, the accused has had memories of some things the father did when he was young. The police have twisted evidence making out the accused groomed, the accused role was a youth leader then, so took the accusers out and spent time with them mentoring them. The defence lawyer/barrister is suggesting 10 sessions of sex specialised psychology, and a forensic psychologist. The accused is thinking of pleading guilty, one day in court is already going to cost around $25000, and to fight this could take up to 3 years and thousands of dollars. Do you have any suggestions of how to get a reduced sentence/community service? Even a different opinion on how to proceed? The first mention is coming up soon.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
It sounds like you would like to obtain a 2nd opinion. Any lawyer would need to read the material to give proper advice. Could be 2 to 5 hours work depend ing on size of brief.