With Jarryd Hayne now out of jail following his sexual assault conviction being overturned, experts and advocates question whether the state's justice system is fit for purpose when it comes to sexual assault cases.
Thirty-six jurors, who each spent weeks carefully weighing the evidence presented in court.As prosecutors weigh up whether Jarryd Hayne should face a rare fourth trial, others are asking: Is the justice system fit for purpose when it comes to sexual assault cases?The 36-year-old former NRL star has once again been released from custody after the quashing of his latest conviction over allegations he sexually assaulted a woman in her Newcastle home in 2018.
"It is simply not acceptable, I would suggest, to the vast majority of the community to have a situation for the complainant and for the defendant in this case, six years later we're considering whether to have another trial," Mr Heilpern said. Some comparisons have been made between Jarryd Hayne and Luke Lazarus, the teenager who was acquitted of a sexual assault charge against an 18-year-old woman after two trials and two appeals.Two of the three judges upheld two grounds of appeal, which centred on how the trial judge dealt with a series of messages the complainant sent on social media, to a friend and a different man.
The landmark case led to the introduction of "enthusiastic consent" laws in New South Wales, after Justice Robyn Tupman found the complainant, Saxon Mullins, had not consented, but that Mr Lazarus had mistakenly and genuinely believed she had. Saxon Mullins told the ABC this week that she believes more training is needed for all parties involved in sexual assault cases.Ms Mullins believes all parties involved in prosecuting and trying sexual assault cases in NSW needed to be better trained to prevent verdicts being challenged and overturned multiple times.
The director of public prosecutions, Sally Dowling SC has instructed her team to audit every matter due for trial, to ensure prosecuting guidelines have been met.It came after District Court Judge Peter Whitford SC became the fifth member of the judiciary to question the DPP's policies when prosecuting sexual assaults.
Sexual Assault Sexual Misconduct Appeal Criminal System Laws Jarryd Hayne Luke Lazarus Courts And Trials Feature
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