In order for the NSW Police to initiate a formal investigation it would require the alleged victim to make a statement of complaint. It is highly unlikely there would be any corroborating evidence in the form of witnesses, who could also eye witness testimony as to what they saw or didn’t see.
So in this instance only the alleged victim, J’Maine Hopgood can provide direct evidence about what Soni Lukes finger, fingers or hands did and whether one or more of those came into contact with his anus or penetrated his anus. The video evidence of which many seem to think proves all, is far from conclusive, and is largely circumstantial and does not directly prove the fact there was digital penetration and or unwanted touching.
Last and perhaps most importantly, only J’Maine Hopgood can provide direct evidence that he did not give his consent, the video evidence cannot do that for him and neither can any other potential witness.
There are many, many other factors which would make it very difficult to proceed with a criminal prosecution arising from this incident. I have mentioned but a few in other posts on this situation and won’t go over them again.
The only thing I will say, in respect to an issue raised by MX is there are lesser offences, much less serious such as Indecent Assault where the alleged offender touches another persons private parts be they boobs, penis, bottom or anus from outside articles of clothing worn. If such inappropriate touching is done without the explicit consent of the victim then a criminal prosecution could follow provided there is a victim willing to give sworn testimony in court.
Too many have drawn there conclusions from a snippet of footage and frankly as it stands there is no reasonable prospect on which to base a criminal prosecution on the video footage alone.