False Allegations of Sexual Assault – Lexology

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A New South Wales police officer has been convicted of perjury after supporting his wife’s false allegations of sexual assault against his ex-partner.

Scott John White testified in support of Sarah Jane Parkinson, who was sentenced to jail after eventually pleading guilty to making a false statement.

The officer will be sentenced at a later date.

Sarah Jane Parkinson False Allegations of Sexual Assault

The false allegation of sexual assault involved Sarah Jane Parkinson, claiming that her ex-partner sexually assaulted her while she was hanging laundry on the rope. She alleged that in March 2014, he slammed her head against a wall before committing a sex offense without consent.

When the police arrived, they noticed that she was in distress.

Her ex-partner was forced to spend a lot of time in jail before the police realized she had made a mistake.

During the trial, a senior police officer admitted that this was a serious mistake.

“All of the prosecutions of [the man] was a mistake, ”he said.

The court heard that Parkinson and White are now married and that she changed her name to Sarah Jane White.

Scott John White perjury charges

Scott John White faced two charges of perjury. The first charge concerned an allegation that White lied when he testified in court that the couple did not discuss their statements.

The second charge was that he lied that he and Sarah Jan Parkinson had never used condoms.

The relevance of this question was that Parkinson claimed that the man who sexually assaulted her used a condom, forced her to unwrap it and put it on him.

A condom package was found by police at the scene of the alleged incident.

However, Mr. White eventually admitted that the couple had used condoms.

It was on the basis of this admission that the jury found him guilty of perjury.

Regarding the first count, Mr White said his claim that he and Parkinson had not discussed statements referred to the domestic violence allegations made by Ms Parkinson prior to the false allegation of sexual assault. .

The jury could not reach a unanimous verdict on this charge.

Scott John White will be sentenced next year. Parkinson was sentenced to a full-time jail term when she was convicted.

The offense of making a false accusation in New South Wales

The offense of laying a false charge in New South Wales is contained in section 314 of the Crimes Act 1900 (NSW) which states that it is an offense for a person to lay a charge with the intent that another person is investigated for an offense knowing that the other person is innocent.

The maximum penalty for false charges is seven years’ imprisonment.

The offense of perjury in New South Wales

If a person testifies in court or swears a false statement under oath, they may be guilty of the offense of perjury under section 327 of the Crimes Act 1900.

The maximum penalty for perjury is 10 years’ imprisonment. This sentence is increased to 14 years imprisonment if the offender intended to obtain a conviction or acquittal of a “serious indictable offense”.

A serious indictable offense is an offense punishable by a maximum penalty of at least five years in prison.

A person is guilty of perjury if the prosecution can establish, beyond a reasonable doubt:

A statement was made under oath, This statement was false, It was made in or in connection with legal proceedings, It concerned a matter which was important to those proceedings, and The author knew that the statement was false or did not believe it was true at the time it was made.

The misuse of the course of justice offense in New South Wales

The offense of attempting to deflect the course of justice appears in section 319 of the Crimes Act 1900.

The maximum penalty for misuse of the course of justice is 14 years’ imprisonment.

To establish this offense, the prosecution must prove beyond a reasonable doubt that:

You committed an act or made an omission, and By that act or omission you intended to deflect the course of justice.

Section 312 of the law defines perversion of the course of justice as “obstructing, preventing, perverting or frustrating the course of justice or the administration of law”.

What are some examples of perversion of the course of justice?

Here are some examples of misuse of the course of justice:

Using another person’s phone or email to fabricate a defense against a crime, Attempting to bribe a police or judicial officer to avoid being prosecuted or punished, Swearing or declaring that another person was responsible for an offense, Encouraging or bribing another person to plead guilty to a crime they did not commit, or provide a false alibi, or give false testimony in court.

Why do people make false allegations of sexual assault?

The reasons people make false allegations of sexual assault can range from seeking revenge against former partners, assisting with their family law case, financial reasons, and even sympathy.

Research also suggests that false memories can be aroused when a person tries to cope with trauma from their past.

Senior sexual assault lawyers often need to uncover the motive for a false accusation and shed light on it so that the charge can be withdrawn or dismissed. You can read some of these cases by clicking here.

The prevalence of false allegations of sexual assault is difficult to measure because there is no consistency in defining and classifying what is actually a false allegation, according to the Australian Institute of Family Studies.

If you are the victim of a false accusation and face criminal charges, you should contact an experienced criminal lawyer to give yourself the best chance of winning the case. Contact Astor Legal on (02) 7804 2823 or email us at [email protected].

Judge’s Comments on False Sexual Assault Allegations

False allegations in family court have attracted attention and scrutiny in recent years. Most notably, Judge David Collier – a fourteen-year veteran Australian Family Court judge – suggested there was an increase in false allegations of child sexual abuse made by women against their former partners. male.

He claimed this was to prevent the father from coming into contact with the children.

“When you hear the evidence, you realize that this is someone so determined to win that they will say anything. I have no doubt that a number of people who have appeared before me know that this is one of the ways to completely exclude husbands from the child’s life …. It is a horrible weapon. “

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