Warning: The following article refers to sexual assault and may be distressing for some readers.
We successfully represented our client who claimed damages for the assault and battery he experienced at the hands of NSW police.
Suing NSW Police for assault
Our client John* was staying at the residence of a friend. Police arrived at the house and approached John from the back. An officer took hold of his arms and pulled them behind his back. Another officer then came and escorted him into another room.
Once inside, two officers pushed John onto the ground with significant force. John landed on his stomach and experienced considerable pain and discomfort. The officers then handcuffed him.
Sexual assault by NSW police
They put John into a caged police vehicle, repeatedly pushing him into the walls on the way. However, John did not resist the arrest at any stage and was compliant with the directions of the officers.
They then bent John over the bonnet of the police vehicle and held him down. They asked him whether he had anything on him that he wished to declare. He said he had crushed cigarettes in his hands.
An officer pulled John’s pants and underwear down, exposing him. The officer then put on a pair of black leather gloves. John loudly protested this and declared he had a medical condiction.
The officer then performed a search of his anus which constituted sexual assault. The act cause John a tremendous amount of pain.
Unlawful strip search by NSW police
The search confirmed he had nothing illegal on him. John was then brought to a police station. He exeperienced tremendous pain and discomfort. He requested medical attention and an ambulance was eventually called. John went to the hospital.
As a result of the officer’s actions, John was assaulted and battered. The officers used more force than necessary during the search. Furthermore, the police did not have reasonable grounds to suspect that a strip search was necessary.
Our client experienced loss, damage, pain, and suffers from a fear of the police. We also found that the police did not comply with multiple different laws relating to strip searching, making it unlawful.
The officers’ actions were high-handed, unwarranted, excessive, and showed a complete disregard for John’s rights.
Outcome: Successful settlement
The court found in favour of our client.
*We changed the name of our client to protect the identity of our clients.
