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NSW Upgrade AVO to Sexual Assault Charge?

Discussion in 'Criminal Law Forum' started by Anon0456, 16 October 2016.

  1. Anon0456

    Anon0456 Active Member

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    My friend was assaulted recently and I'm helping her with legal help.

    She was video-ed during a sexual activity by a third party and when she asked the guy to stop, he became aggressive and dragged her out of his apartment naked completely humiliating her and causing physical harm. The police put an AVO on the guy. I want to know if this counts as sexual assault and if the charges can be upgraded.
     
  2. Tim W

    Tim W Lawyer

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    You may care to start by reading this.
     
  3. Anon0456

    Anon0456 Active Member

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    I'm just trying to help her. I'm not giving legal advice. Just helping her find out what she can and can't do.
    Are you saying I cannot ask a question on behalf of her?
     
  4. Rod

    Rod Well-Known Member

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    Based on the few facts you provided she can make a report of assault. It would be unlikely to be sexual assault unless inappropriate touching took place while being dragged out. And recording someone 'in the act' without their permission is also likely to be a crime.
     
    Anon0456 likes this.
  5. Anon0456

    Anon0456 Active Member

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    So if I was to push someone out of my house, that could be assault, but if it's the same situation only that the person was naked and was completely humiliated, that would be no more serious in the eyes of the law?

    Would the recording of someone in the act without permission be a type of sexual assault?
     
  6. Tim W

    Tim W Lawyer

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    Don't assume that the cops understand everything that's going on in every situation.
    Don't assume that all cops are as well informed about the law as we would hope.
    Don't assume that all cops are equally energetic.
    I accept that, even though it's the exact opposite of what you said above.
    If she wants to Do Something, then take her to the police station to make a formal complaint,
    and let them handle it.

    Get a couple of trusted support people around her.
    Give her space and time to work out what she wants to do.
    And don't nag.
     
  7. Rod

    Rod Well-Known Member

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    Depending on circumstances, yes. You have to be reasonable about the removal. eg tell them first, give them reasonable time to pick-up personal possessions like bag, keys, wallet etc. If they refuse to co-operate then you are allowed to use force, but only enough to get them out.

    Humiliation is not a crime no matter how morally wrong it may be. However not allowing someone time to get dressed before dragging them out doesn't seem like it would pass the reasonable test.

    No. It is a voyeurism crime. Two types can apply, both with possible jail time.

    Sounds like she got herself into a bad space and she may want to just forget all about the ordeal. Agree with Tim, give her time to recover and then see what she wants to do. Support ATM is probably better than rushing off to the police station.
     
  8. Anon0456

    Anon0456 Active Member

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    She is going to the police tomorrow morning, to follow up and ask questions.

    What would be good to know is what to ask them. If she can ask them to press charges of sexual assault, who does she go to for legal assistance if that's needed? Can the court proceedings be brought forward since they live in such close proximity (same apartment block) and any other steps someone with more experience would suggest she take?

    Knowing that police don't know everything, we don't want to leave it to chance for the police to get it right. She wants to take action to the full extent she can. We just don't know what the full extent is.

    I am in no way nagging, she is talking with me the whole time with each reply.
     
  9. Rod

    Rod Well-Known Member

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    Hint: Telling police how to do their jobs doesn't always go down well with them and hassling is likely to be counter productive.

    She can possibly ask for a policewoman, though not sure if they need to provide one.

    Do not get hung up on the nature of the activity. Just describe truthfully and in detail what happened and let the police ask further questions and determine what kind of assault and other crimes took place.

    BTW, keep in mind the other party is likely to be telling the police a completely different story.
     
  10. Anon0456

    Anon0456 Active Member

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    She was seen by a policewoman and she was very willing to help and sympathetic.

    As I said, we don't want to leave it to chance!

    The police might not ask the right questions to see what other crimes took place. We are not even certain if the police even looked at his phone for the recording.

    If anyone has suggestions on what questions she should ask tomorrow, and what action she can ask them to take, that would be helpful information and we would appreciate the input.
     

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