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‘No systemic deficiencies’ found in prosecution of adult sexual assault cases in NSW
NSW’s top prosecutor’s office has responded to criticism raised by several of the state’s senior judges with a review of hundreds of sexual assault cases, which identified “no systemic deficiencies”.
Grace Robbie
The Office of the Director of Public Prosecutions (NSW) has published its Sexual Assault Review Report, which evaluated more than 327 adult sexual offence cases that were scheduled for trial between 1 April and 31 December 2024.
Last year, Director of Prosecutions Sally Dowling SC ordered the audit to ensure that these critical prosecutions are conducted “fairly, impartially, and in accordance with the New South Wales Prosecution Guidelines (Prosecution Guidelines)”.
This follows public remarks made by several presiding judges of the District Court, who expressed concerns that the Director of Public Prosecutions is pursuing “meritless” sexual offence cases.
After examining more than 300 adult sexual assault cases, the report concluded that there were “no systemic deficiencies” identified in the prosecution process of these cases.
The review revealed that 310 of the 327 cases examined, representing 95 per cent of the total cases assessed, were decided to proceed to trial.
Among the 17 cases that were discontinued, it was identified that nine were dismissed on “evidentiary grounds”, while eight were discontinued based on “either discretionary grounds only, or a combination of discretionary and evidentiary grounds”.
The ODPP explained that the rate of cases discontinued in 2024 is “consistent” with the average rate observed between 2018 and 2023.
While 97 per cent of the cases complied with the requirements specified in the publicly available Prosecution Guidelines, the ODPP identified 11 instances over the eight months in which the requirements were not appropriately applied.
Of the 11 matters, five of the cases proceeded to trial or are scheduled to do so, while the remaining six cases have been discontinued on “either discretionary or evidentiary grounds”. However, ODPP determined that there were no findings of “misconduct or egregious breaches of the Prosecution Guidelines”.
The findings from the report prompted the ODPP to identify several areas for enhancement. These include the establishment of a “Consent, Sexual Assault and Intoxication Working Group”, the consideration of implementing a “fourth-tired review process”, and the provision of additional training for all ODPP lawyers.
Dowling expressed that individuals should find the outcomes and findings of the Sexual Assault Review Report “reassuring”.
“The review demonstrates that the ODPP is prosecuting sexual assault matters in line with the NSW Prosecution Guidelines, a set of rules for prosecuting that were created after thorough consultation with stakeholders, including the judiciary and complainants.
“The review is a transparent, educational and informative analysis of the process of prosecuting sexual assault in New South Wales,” Dowling said.
