There is a justice problem in criminal assault cases if a person who claims to have been assaulted makes a formal complaint, such that criminal charges are laid, and then the evidence is found, by a jury, to not support a guilty verdict.
I refer to the accusations recently aired in the Kurtley Beale case.
The name of the accuser is protected from publication but the details of the case, and the identity of the accused, appearing in open court, can give rise to a news media frenzy. It seems that the more well-known the accused person, the more constant, detailed, and salacious the reporting. Meanwhile the accused, Mr Beale, and his immediate family and friends, suffer the indignities of the daily disclosures.
There are good grounds for the ban on publication of names of victims of alleged sexual assaults. But what of the person accused of the assaults? They have an unforgiving spotlight on them on a daily basis. What if the accused is found ‘not guilty’ on any of the charges laid, as in the Beale case?
Does taking action in defamation provide a means to alleviate the accused’s pain? As we have recently seen, these cases can be very drawn out and may not succeed. Indeed, the main deterrent against such actions is that the whole daily drama in full media glare is re-lived. To what end? A payout, vindication, restored reputation. Is it worth the pain?


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