Sexual Assault

NSW District Court Judge and Director of Public Prosecution at Loggerheads

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By Emma Starr New South Wales District Court Judge Penelope Wass has lodged a complaint to the Office of the Legal Services Commissioner against the state’s Director of Public Prosecutions (DPP) Sally Dowling, citing a series of grievances that have...

Judge’s Complaint Against DPP Highlights the Injustice of Prosecuting Meritless Sexual Assault Claims

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New South Wales District Court Judge Penelope Wass has made a formal complaint to the Legal Services Commissioner against the state’s chief prosecuting lawyer, Director of Public Prosecutions, Sally Dowling SC, after Ms Dowling allegedly raised ‘secret grievances’ about Judge...

DPP Discontinues Sexual Assault Proceedings Against Jarryd Hayne

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Former rugby league star Jarryd Hayne’s six-year legal battle has officially ended, with the sexual assault proceedings against him being formally discontinued. The New South Wales Office of the Director of Public Prosecutions (ODPP) has determined that …’having carefully considered...

What Factors Are Considered When Determining Whether to Pursue a Retrial in NSW?

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Former NRL star Jaryd Hayne walked from prison a free man last week, after having his convictions for sexual assault offences quashed on appeal. His fight for his freedom and reputation has been drawn out and complex, and the Office...

Australian Governments Promise to Crackdown on Domestic Violence Offences

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Welcome, Anthony Albanese, to the ‘national crisis’ of domestic violence offences predominantly - but certainly not always - committed by men against women. In response to thousands of women, men and children rallying over the weekend against the epidemic of...

Are ‘Pretext Calls’ Admissible in Sexual Assault Cases?

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It has been reported that the complainant in the high profile sexual assault trial of former Wallabies player, Kurtley Beale, secretly recorded a phone call with him in order to induce him to say he groped and sexually assaulted her...

Sexual Intercourse Without Consent: Rape and Sexual Assault Laws in Australia

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Being accused of a sexual offence is a traumatic and difficult experience, especially if it is one which comprises an allegation of non-consensual sexual penetration. But knowing what the law says is a good first step to understanding what the...

‘Stealthing’ Amounts to Sexual Assault in New South Wales

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Perhaps needless to say, it is not a crime to have unprotected sexual intercourse with a consenting partner – provided of course they have reached the age of consent, have the mental capacity to provide consent and have in fact...

Producing Pornography in Australia – What Does The Law Say?

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Whether you want to start an OnlyFans or create your own boutique production company, making smutty films involves navigating a variety of complex laws in Australia. Here’s a rundown of the rules. Is making pornography legal in Australia? The legal...

Do Courts Have to Use Preferred Pronouns for Transgender Defendants in Criminal Cases?

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Earlier this month, children’s book author JK Rowling tweeted the following in regard to a new practice note that applies to South Australian courts regarding preferred pronouns: Asking a woman to refer to her male rapist or violent assaulter as...
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