Genuine Traumatic Memory Fragmented but Persistent Strong Emotional Charge Consistency of Core Details Unwanted Intrusions Contextual Gaps False or Reconstructed Memory Summary:
Sexual Misconduct
Nature of Memory
In this blog and the next two ones, we look at memory focusing specifically on the complainant in court alleging that they were sexually abused. We find through our extensive experience reading trial briefs disclosed by the prosecution including the complainant statement or child interview and many other pieces of documentary information that we study
Read more …
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
Bruce Lehrmann’s defamation claim against Channel 10 and Lisa Wilkinson is now finalised. In the Federal Court Justice, Michael Lee found that Bruce Lehrmann had in fact raped Brittany Higgins in Parliament House in the early hours of March 23, 2019. His Honour found that Channel 10 and Lisa Wilkinson had not defamed Bruch Lehrmann
Read more …
Luis Rubiales Criminal Complaint
Luis Rubiales, former president of the Spanish Football Federation is in trouble. In so much trouble in fact he has had to resign his position and a criminal complaint of sexual assault and an act of coercion under the Spain’s Criminal Code 2016 has been filed with Spanish police. Why? He kissed Jenni Hermosa on
Read more …
Senator David Van Resignation
Senator David Van resigned from the Liberal Party after Senators Lydia Thorpe and Amanda Stoker, and a third unnamed female, levelled allegations of sexual misconduct against him. Opposition Leader Peter Dutton was quick to remove Senator Van from the Liberal Party Room and within days Senator Van tendered his resignation. Sexual Allegations Vs Unlawful Conduct
Read more …
Barry Cable Sexual Predator
The recent finding by District Court Judge Mark Heron that AFL “legend” Barry Cable had sexually abused children in the 1980s and 1998s needs to be considered in context. Barry Cable has never been charged by police with sexual offences. Judge Heron found that Barry Cable was a sexual predator in civil proceedings. The Finding
Read more …
The #MeToo Movement – Watering Down Prosecution Due Diligence
An article published in The Australian Newspaper, Saturday 17 June 20223: Judges slam ‘Me Too’ trials mirrors exactly what I have blogged here since 2019. The article takes a slightly different angle in which NSW District Court judge Paul Conlon comments: ….cases of alleged sexual assault are: ….being pursued with no reasonable prospect of conviction…
Read more …
Children on the Sex Offender Register
WA Today online tells the story about a 15-year-old boy ”John” ending up on the sex offender register (SOR) is an appalling example of WA’s draconian, ham-fisted mandatory sex offender laws. We have represented many young boys who on conviction after trial or on their plea of guilty are immediately placed on the SOR alongside
Read more …
Why Would A Woman Lie About Being Sexually Assaulted?
Some 98% of reported assaults on women are alleged to be by men. Four in ten Australians (42%) think sexual assault accusations by women are a way of getting back at men.^ Almost the same proportion (43%) believe women “make up” claims of abuse when going through child custody battles in court. Yet research shows
Read more …
Lehrmann Trial Discontinued
The ACT Director of Public Prosecution’s (DPP) decision to discontinue the Bruce Lehrmann-Brittany Higgins trial is an extremely rare decision by a prosecuting authority, especially in alleged rape cases. It was revealed today that the DPP had received expert medical advice that a retrial would pose an unacceptable risk to Brittany Higgins life. She is
Read more …
