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A police decision to drop an investigation into claims by a young woman that she was sexually assaulted by several Kiwi league players has been met with outrage by the Auckland Sexual Abuse Help Foundation.
The woman at the centre of the scandal - believed to be from
a wealthy Wellington family - originally said she had been sexually violated by several Kiwis players at a Lower Hutt hotel last Sunday, just hours after the side's record 0-58 loss to Australia.
Yesterday, police and the team management confirmed an incident had taken place, but said no charges would be laid after a request by the complainant that the case be dropped.
However several Kiwis players had been "disciplined".
"We are satisfied there was some consensual sexual activity," Detective Senior Sergeant Paul Borrell said. "But due to her personal circumstances, the young woman does not wish to pursue the matter further."
There was no suggestion it was a false complaint, or that the woman would be charged with wasting police time, he said.
"The complaint was made in good faith... it has certainly been traumatic for her from the onset, and that has continued right through the week, but she has elected not to pursue it any further and we have to respect that."
Speaking from the UK to the Herald on Sunday, NZRL chairman Andrew Chalmers refused to name the players involved - it has been reported it could have been as many as five - but rejected suggestions of a cover-up.
While there had been "clear breaches" of team protocol, disciplinary action had been taken, he said. "It is an internal matter and an employment issue. It would be inappropriate for me to publicly name the players involved or disclose the details of the action we have taken."
But Kathryn McPhillips, clinical manager of the Auckland Sexual Abuse Help Foundation, said not naming the players was an outrage. It was estimated that only one in 10 women reported sexual assaults.
Many decided against continuing with a complaint for fear of being labelled a "slut", McPhillips said.
"Knowing that if it gets to court, it's your sexual history on trial not theirs... [it] is extremely traumatic.
"The chances of getting a guilty verdict are also very low."
Sports stars and other celebrities were particularly vulnerable to society's expectations of them. "And the more mana a person thinks they have, the more sexual prowess they think they have...They expect their sexual advances to be well-received, they often don't realise they may even be unwanted," she said.
Wellington lawyer Grant Pearson said police could choose to continue with a prosecution if they wished. However, because cases such as this depended on the victim's evidence, the prosecution would "almost inevitably" fail to get a conviction.
A complainant who had given a statement could be compelled to appear in court through a summons.
"But if someone is reluctantly giving evidence, that would be exposed in cross-examination and would only add to their misery," he said.
Ethically too, the victim's well-being also had to be respected "and that's a high priority in a case like this," Pearson said.
