Our firm represented a father in complex District Court proceedings in New South Wales arising from an indictment comprising 11 serious criminal charges, including allegations of sexual touching, assault, intimidation and carrying out a sexual act against his young daughter. The matter proceeded over an extended period between 2022 and 2024 and was heard before Judge Turnbull SC sitting as a judge-alone trial.

The allegations arose in the context of a relationship breakdown and concurrent family law proceedings. Following the making of the allegations, an Apprehended Domestic Violence Order (ADVO) was put in place, which had the immediate and profound effect of precluding our client from spending any time with his daughter. He was, in practical terms, entirely excluded from her life for a prolonged period while the criminal proceedings were on foot.

The matter was exceptionally serious, both in terms of the nature of the allegations and their broader consequences. The prosecution case relied heavily on the evidence of the complainant, a young child, whose account formed the foundation of all 11 counts. The allegations spanned several years and multiple locations, and included assertions of both physical and sexual misconduct said to have occurred during ordinary parenting interactions.

Compounding the difficulty, the ADVO operated to sever the relationship between father and daughter entirely. This not only had a significant emotional impact on our client, but also created a forensic disadvantage, as he was unable to maintain or demonstrate the ongoing, positive parental relationship that had previously existed.

Further, the allegations arose in a highly charged family law environment. There were serious concerns that the complainant’s evidence had been influenced, consciously or otherwise, by her mother. The investigative process itself was also in issue, particularly the manner in which the child’s evidence was obtained and filtered through third parties.

Given the gravity of the charges, we adopted a meticulous and forensic defence strategy.

A detailed analysis of the Crown case revealed multiple areas of concern, including inconsistencies within the complainant’s accounts, contradictions between versions of events, and the manner in which her evidence had been elicited. Particular attention was given to:

• the reliability of the complainant’s evidence, including the risk of suggestion or coaching;
• the role of the mother in shaping or influencing the narrative;
• the absence of any evidence capable of establishing sexual intent or gratification; and
• the proper characterisation of the alleged conduct, much of which occurred in the course of routine parenting activities such as bathing, dressing, and play.

Through careful cross-examination and the strategic presentation of defence evidence, including video material demonstrating a warm and appropriate father–daughter relationship, we were able to directly challenge the prosecution narrative.

We also scrutinised the investigative process itself, exposing a lack of critical analysis and the presence of confirmation bias, particularly in circumstances where early assumptions appeared to shape the course of the investigation.

Following a trial of approximately 10 days, the Court delivered verdicts of not guilty on all 11 counts. Our client was acquitted in full and discharged.

The Court found that the complainant’s evidence was unreliable and affected by external influence, that the alleged conduct was consistent with ordinary parental care and interaction, and that there was no evidence establishing any sexual intent or improper purpose.

In light of the acquittal, the foundation for the ADVO fell away. The order, which had prevented the father from seeing his daughter, was no longer sustained.

A costs application was subsequently brought on behalf of our client pursuant to the Criminal Procedure Act, reflecting the significant burden imposed by the proceedings.

This outcome was of profound importance. Beyond securing a full acquittal in respect of extremely serious allegations, the result enabled our client to re-establish his relationship with his daughter after a prolonged and enforced separation.

The case illustrates the far-reaching consequences of criminal allegations in a family context. The imposition of an ADVO, particularly in circumstances where allegations are yet to be tested, can fundamentally alter parenting arrangements and cause lasting disruption to family relationships.

It also underscores the importance of rigorous forensic analysis in cases involving vulnerable complainants. While such matters require sensitivity, they equally demand careful scrutiny to ensure that findings are grounded in reliable and properly tested evidence.

Through a disciplined and strategic defence, our firm was able to expose critical weaknesses in the prosecution case, restore our client’s liberty, and remove the legal barriers that had prevented him from resuming his role as a father.