PLEA Insights: Sexual assault and evidence law

The sexual assault allegations against former Attorney-General Christian Porter raised many difficult issues. Among them was an evidentiary one: the New South Wales police have made statements indicating part of the reason they discontinued their criminal investigation into the matter was because of insufficient admissible evidence. This raises a difficult question for the future: how should the law of evidence balance the interests of complainants in obtaining justice in cases concerning sexual offences while respecting the right of an accused to a fair trial? Our panel will consider how best to answer this question.

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