In the aftermath of the allegations put to Attorney-General Christian Porter, legal sectors are demanding NSW Police release their internal operating procedures relating to investigations of sexual assault.
Redfern Legal Centre is calling on the NSW Police Commissioner Mick Fuller to release the documents in an effort to promote transparency of decisions not to prosecute alleged offenders.
Frustration at lack of justice
The most recent allegations which have put the Country’s most senior lawyer in the firing line have caused outrage. This is after NSW Police stated they would not be investigating or prosecuting the matter any further.
Redfern Legal Centre Accountability solicitor Samantha Lee explains the frustration that the women on the other of these allegations feel.
“These women are often upset and frustrated because they are not informed about how police came to the decision to not take their matter any further,” she said.
In many cases, including with Mr Porter, NSW Police decided not to prosecute because of “insufficient admissible evidence”.
Redfern Legal Centre notes the transparency of these decisions is vital.
“The journey through the justice system begins with police. Police are the first port of call. What happens at the beginning of that journey can greatly impact where that journey leads,” Ms Lee said.
“…greater transparency is required to inform the public about the steps NSW Police should take to gather evidence, especially at the initial reporting stage, to ensure there is sufficient evidence to seek the Department of Public Prosecutions’ advice.”
Other remedies for sexual assault
If NSW Police decide not to prosecute the offender in your matter, there are other potential options available. For example, seeking monetary compensation through the civil courts, like what has been done with child sexual abuses, can be rewarding. There, the standard of proof is lower than that in the criminal court.
There are many pre-requisites for this action and you should speak directly to a lawyer who can advise you of your specific circumstances.
Contact us if you would like to arrange an appointment to speak to a sexual assault lawyer.
Sarah is a civil solicitor who primarily practices in defamation, intentional torts against police, privacy and harassment.
