Pi News –
The former teacher dropped her historic sexual assault charges because the relevant 1970s laws did not apply to women who molested boys.
Helga Lam, a former Sydney boys’ school teacher, was charged with 15 counts of indecent assault against four schoolboys for the 1978 crimes.
But the NSW High Court of Criminal Appeal threw out the charges on Monday, with three judges agreeing to quash the indictment.
In his leading judgment, Justice Anthony Meagher said the decision was made solely on the basis that the law in force at the time – repealed and replaced in 1984 – did not apply to “acts committed by a woman against a man”.
The corresponding law “addresses the crime of sodomy against a man and other male homosexual acts,” he said.
“At the time, the only sexual conduct that could constitute assault on a man that was inherently ‘indecent’ was male homosexual conduct,” Judge Meagher said.
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Allegations against Lam include having penile sex with the complainants, as well as making them masturbate, having sex with them and telling them to have sex with him.
Three of the complainants were willing to take part, while the fourth was “fearful and distressed that the applicant was sexually assaulting her”, Judge Meagher said.
The students were aged between 13 and 16 at the time of the offence.
Lam’s case is due back in the NSW District Court in mid-March.
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