Robin Brooke's lawyers have contacted the family of a teenage girl allegedly harassed by the ex-All Black - but the family still wants to hear from him.
It has been 25 days since Brooke is alleged to have grabbed the 15-year-old's backside at the Hilton on Denarau Island, Fiji, and her family say his silence is "not acceptable".
It is also alleged that Brooke assaulted 17-year-old Jordan Whittaker, who came to her aid.
Brooke has not contacted the family but his lawyer wrote to them this week explaining why.
"We got an email that said they had advised him not to make contact with us. The delay is not acceptable for us as a family," the girl's mother said. "We have a child here who's been affected by his actions and I think we needed to hear from him before now."
The girl's parents were meeting with their lawyer Peter Tomlinson this week to decide whether to take private legal action.
"We will decide whether to proceed ... But we want as less of an impact on our daughter as possible," her mother said.
The Herald on Sunday revealed last week that Whittaker and his father instructed lawyer Peter Lowing to file civil proceedings against Brooke.
The teenager alleges that Brooke threw him on a deck chair, grabbed his throat and threatened him.
Police are investigating both allegations but have made no decision whether to charge Brooke, who played 69 matches for the All Blacks in the 90s.
Fiji Sergeant Suliana Tevita said yesterday the investigation was ongoing and the two officers working on it had interviewed "a number" of people including Brooke and the teenagers.
Brooke has refused all comment since the allegations were made.
However his lawyer, Rachael Adams, did comment by email. "Mr Brooke appreciates the opportunity which you have given him to comment, and would like to be able to talk to you. But you will appreciate that under the circumstances he is unable to do so at present," she said.
In a media release last week, Adams said Brooke was "naturally distressed by the situation".
"We strongly advised him from the outset that is is inappropriate for him to comment publicly given there is a continuing investigation."
She added that Brooke had made himself "freely available" to the authorities.