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A teacher has had her historic accusations of sexual abuse overturned because the relevant laws did not take into account women who abused children.
Helga Lam, a former teacher at a Sydney boys’ school, had been charged with 15 counts of indecent assault against four boys in relation to incidents dating back to 1978.
But New South Wales’ highest court of criminal appeal dismissed the charges on Monday and three judges agreed to quash the charge.
In his lead judgment, Judge Anthony Meagher said the decision was made solely on the basis that the law in force at the time – repealed and replaced in 1984 – did not apply to “conduct committed by a woman towards a man”.
Helga Lam, a former teacher at a Sydney boys’ school, had been charged with 15 counts of indecent assault on four schoolchildren for alleged offenses dating back to 1978.
The relevant law was “directed at the crime of sodomy against a man and other male homosexual conduct,” he said.
“The only sexual conduct capable of constituting assault against a man which by its very nature was necessarily considered ‘indecent’ at the time… was male homosexual conduct,” Judge Meagher said.
The accusations against Lam included penile-vaginal sexual relations with the complainants, as well as masturbating them, performing fellatio on them and telling them to perform sexual acts on her.
Three complainants took part voluntarily, while the fourth said he “was scared and upset when the applicant performed sexual acts on him”, Judge Meagher said.
Lam escaped prosecution for her alleged sexual acts with children because relevant laws from the 1970s did not apply to women who abused children.
At the time of the alleged crime, the students were between 13 and 16 years old.
Lam’s case is scheduled to return to the New South Wales District Court in mid-March.
For those who need confidential advice or support, call 1800 RESPECT (1800 737 732) or the National Sexual Abuse Redress and Support Service on 1800 211 028.