In an audit of sexual assault prosecutions in New South Wales, following criticisms from a judge regarding “meritless” accusations, no systemic issues were identified. The Office of the Director of Public Prosecutions (ODPP), under the direction of top prosecutor Sally Dowling, evaluated 327 sexual assault cases over an eight-month period and found that 97% met the standards required for prosecution. This review was launched in response to a rare dispute between the judiciary and prosecutors, where some judges had openly questioned the ODPP’s handling of sexual assault cases, suggesting there were “opaque, even secret” policies that led to the pursuit of unmeritorious cases.

The audit’s findings contradicted the judges’ concerns, demonstrating a “consistently high standard of legal analysis” in the decision-making process of prosecutors. While 11 cases did not properly apply the guidelines, further inspection found no misconduct or egregious failures in these instances, and many were discontinued due to evidentiary or discretionary reasons. The review also noted that the discontinuation rate for sexual assault cases in 2024 was consistent with the average rate from 2018 to 2023. The audit recommended further training and guidance for prosecutors, especially concerning complex issues like consent, intoxication, and evidence, as well as an additional review of cases before trial.

Despite the audit’s largely positive findings, the issue highlighted the ongoing tensions between the judiciary and prosecutors regarding the prosecution of sexual assault cases. Nonetheless, Dowling stated that the review should reassure the public, confirming that sexual assault matters are being prosecuted in accordance with NSW Prosecution Guidelines.

Source: https://www.theguardian.com/australia-news/2025/feb/26/review-finds-97-of-nsw-sexual-assault-cases-prosecuted-appropriately-despite-judges-concern-about-meritless-cases