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ARTICLE · 22 JANUARY 2020

Adverse inferences cannot be drawn about unchallenged silence of a defendant

Article discusses a historical crime involving an accusation of sexual assault.

AustraliaCriminal Law

When Carlingford High School chaplain David Hogg parked his car at Miller's Point in an isolated area underneath the Harbour Bridge on the evening of 29 July 1988, the 16-year-old year 11 student in the passenger seat thought they were going to discuss the troubles she was experiencing at home.

But, the teen started to feel uncomfortable when the married father-of-three, who was 20 years her senior, turned the conversation to the subject of boyfriends. And moments later, the Baptist youth minister was allegedly forcing himself upon her, digitally penetrating her against her will.

The girl struggled to push him off, but couldn't. So, she said, "I need to get something out of my bag." The minister moved back off her, she reached for it, took out a packet of cigarettes and lit one. Her actions "defused the situation" and brought the sexual assault to an end.

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