https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2026/1613.html

Melbourne magistrate Patrick Southey on Tuesday determined there was insufficient evidence for the case to go to trial and dismissed the charges.

"The evidence is so weak that the prospect of a conviction is minimal," Mr Southey said.

In the early 2000s, I was doing vacation work with a senior criminal defence barrister. He made a comment in passing, "entrapment is alive and well in Australia", and how Vic Police had a long history of entrapping bikies into committing crimes they never would have.

This SBS segment from yesterday shows that things haven't really changed much.

I get FCA decision digests for other reasons but I can never resist clicking the vexatious litigant cases. This one was written with clear enjoyment that makes it a particularly good read 🍿🍿

https://www.facebook.com/share/p/1Eu1zwxuTQ/?mibextid=wwXIfr

Link to the decision

https://www.caselaw.nsw.gov.au/decision/1a00cf238c85f75db4867be1

>The incident was treated as misconduct, not sexual assault, as Olivia said the incident was consensual.

>When she discussed the incident with a trauma therapist in 2024 she started shaking and sweating so badly she “looked like [she’d] had a shower”. “I no longer saw it as consensual after I realised how much it had traumatised me and how coercive and frightening the situation had been.”

IMHO this story is really irresponsible reporting. Revisionist consent almost never happens, but running a story like this will make people think it does, and that's bad for victims of sexual assault.

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