NSW Upgrade AVO to Sexual Assault Charge?

[Tim W]

Firstly, enough with the "we".
This is about her, not you.

I suggest that your friend speak to the police in private (that is, without you in the room).
She has to tell her own story, in her own way and her own time,
and your... zeal and good intentions... won't actually help.

Secondly, let's be clear - although there are many donut-munching plods in NSWP,
there are also many meticulous professional investigators.
It's just that you tend to see them more in the Task Forces and specialist squads,
and less often in local police stations.

One other thing - can you confirm for us that you are not one of the people
who was present during the events in question?

 

[Anon0456]

I was not present and she will be going to the police by herself. All my zeal and good intention's will be at work 300km away. Let's get this straight, there is no pressure from me, only support.

She went to the police by herself immediately after the incident, told her story in her own words, then contacted me after that. She is a strong woman and more than capable of dealing with the police and providing her statement on her own, she/we don't have the knowledge of the law and to what extent she can take this, hence asking questions here.

She wants to take it as far as possible to avoid him causing an incident in the future with another person.

The police woman was not a "doughnut munching plod" and was quite professional, however she herself might not know all the laws as you said so yourself, hence asking questions here so she can bring things up with the police officer and leave it in their capable hands.

All she wants is having everything covered and not missing something due to inexperience or lack of knowledge of the law.

 

[Tim W]

A survivor of an event like this (I prefer "survivor" rather than "victim" in this context)
does not need any knowledge of the law.

What they do need is composed, thoughtful recollection, and
a willingness to be completely frank with police.
Further, they should understand that while the police will start from
a presumption that the survivor is telling the truth,
they will, in the course of receiving the complaint, ask her a number of questions which,
while being very uncomfortable indeed, are in fact necessary.

 

[Anon0456]

That has all already happened. Questions asked, counselling is being arranged.

With all that aside, this is a law site and she is seeking answers in regards to the law. Her welfare is being taken care of and she doesn't need help with that. A women's support service from the court is already in contact with her.

Back to the questions here being asked on a law site. Any assistance with regards to the law and the questions being asked would be appreciated.

Moving forward please.

 

[Tim W]

Going only by what you have said so far,
missing facts missing, and unstated if, buts and maybes not allowed for,
while there may well be an assault arising from her removal from the apartment,
I am not immediately sure that there is a sexual assault here.
Think also in terms of indecent assault.

Depending on the facts and circumstances, there are a variety of voyeurism offences which could be in play,
that are not per se sexual assault.

Further offences could arise depending on the technology used.
For example, there may be telecommunications offences relating to using a carriage service to harass
(for example if the video had been published). Or not. We don't have enough facts to know
(no, don't share the details here).

Working out, from the facts, exactly what the most suitable charge is,
and, having regard to the evidence, which one of a range of possible charges
is likely to be successfully made out, is part of what the police do.

Lack of evidence is the biggest hurdle in proving any criminal charge.
That is especially the case in sexual assault and indecent assault matters.

Do consider that, even if content is deleted, the police can forensically examine
pretty much any phone or similar device.

Assuming that the accused was not also involved in the sexual activity,
where is the other sexual partner, and have the police spoken to them?