Identity of Central Coast teacher charged with sexually assaulting student suppressed
The identity of a female Central Coast teacher charged with grooming a 15-year-old boy has been formally suppressed over police fears it could discourage other potential victims from coming forward.
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The identity of a female Central Coast teacher charged with grooming a 15-year-old boy has been formally suppressed over police fears it could discourage other potential victims from coming forward.
Nationwide News, publisher of the Express Advocate, challenged an interim non-publication order on the 26-year-old’s name in Toronto Local Court.
The interim order was placed on her identity when she first fronted court on February 15 after police charged her with grooming a child for unlawful activity, aggravated indecent assault of a victim under the age of 16 and three counts of aggravated sexually touching another person.
Charge sheets tendered to court allege the 26-year-old teacher groomed the boy and allegedly rubbed his penis on two occasions between December and January.
The interim order was granted on the basis it was necessary to protect the safety of the teacher who had a history of mental health issues.
On Friday NSW Police Force lodged a further application to have the interim order confirmed on the grounds it was also necessary to avoid undue distress and embarrassment to the victim and because revealing the accused’s identity could discourage further alleged victims from coming forward.
Nationwide News’ barrister Tim Senior submitted there was no evidence her safety was any more at risk than any other person charged with similar offences, the victim’s identity was already protected and the release of her name could also have the opposite effect and encourage more victims to come forward.
However two confidential affidavits were tendered in court from the NSW Police Force and the school’s principal.
However two confidential affidavits were tendered in court from NSW Police Force Assistant Commissioner Mark Jones and the school’s principal.
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Magistrate Alan Railton said the affidavits provided details about concerns the school had about bullying of the victim and “changes in (his) behaviour” and police fears the publication of the accused’s name could stymie an ongoing investigation.
Mr Railton said publication of her name was “a real issue” when it came to an untold number of other potential complainants coming forward.
He said the police affidavit also provided details about her risk of self harm.
“The risk to her goes well beyond the mere possibility,” he said.
Mr Railton placed a non-publication order on her identity and that of the school.
He also ordered she be referred to only by the pseudonym `DE’ because the pseudonyms AB and BC had already been over used in separate, unrelated court cases.