AFL star sued for sex assault
Article from: Herald Sun
By Carly Crawford
August 02, 2008 12:00am
A HIGH-PROFILE footy player is being sued over his role in an alleged sexual assault.
The AFL star, who cannot be named for legal reasons, is the subject of a damages claim in the Supreme Court.
The file was opened in September 2006 and remains active.
The alleged victim is suing for a six-figure sum but details of the case, including the identities of those involved, have been suppressed.
A Supreme Court Justice granted the player's request that his name remain a secret.
The Herald Sun believes the claim centres on serious sex-related allegations from an incident several years ago.
The player was accused of swapping partners during an intimate evening, despite protests from the alleged victim.
Police investigated, but no charges were laid.
Prosecutors had told police there was not enough evidence to support a criminal charge.
The player being sued has always denied any wrongdoing and said the collapse of the criminal case had cleared him.
The outcome raised fears that other sex attack victims would shy away from lodging formal complaints.
About 85 per cent of rape victims do not report attacks, according to the National Association of Services Against Sexual Violence.
Lawyers for the two parties have held talks but after nearly two years, the matter remains unresolved.
The player is represented by his lawyer, Jan Moffat from Donaldson Trumble Lawyers.
The lawyer representing the victim, sexual assault law specialist Viv Waller, declined to comment saying the matter was subject to court orders.
Sex abuse victims' advocate Caroline Worth said it was easier to win a case in the civil jurisdiction because of the lower burden of proof.
Ms Worth said that some victims found comfort in having a court acknowledge their pain.
"Civil claims at least give them another way to explore having their day in court or having someone listen to their story,'' Ms Worth said.
"Beyond reasonable doubt is a very high burden of proof for a crime where there is rarely a witness.''
Civil claims are decided on the balance of probabilities.
Ms Worth said that while civil claims were often costly, they could help sex crimes victims find closure.
"For people who can't let go and feel the need to do something, this is a very good course of action,'' she said.
