A female teacher has had her historic sex abuse charges overturned because the relevant laws did not take into account women abusing boys.
Helga Lam, a former teacher at an all-boys school in Sydney, had been charged with 15 counts of indecent assault against four boys in relation to incidents dating back to 1978.
But the Supreme Court of Appeal in NSW dismissed the charge on Monday, with three judges agreeing to quash it.
In his main judgment, Judge Anthony Meagher said the decision was made solely on the basis that the law in force at the time – which was repealed and replaced in 1984 – did not apply to ‘conduct committed by a woman towards a man’.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 against four schoolboys for alleged offenses dating back to 1978.
The relevant law “targeted the crime of sodomy against men and other male homosexual conduct,” he said.
“The only sexual conduct that could constitute an assault on a man and which in itself was necessarily considered ‘indecent’ by its very nature at the time… was male homosexual conduct,” Judge Meagher said.
Claims against Lam include penile-vaginal intercourse with the complainants, as well as masturbating them, performing fellatio on them and narrating sexual acts with her.
Three complainants were willing participants, while the fourth said “he was scared and angry when the applicant performed sexual acts on him,” Judge Meagher noted.
Ms Lam escaped prosecution for her alleged sexual acts with boys because relevant laws from the 1970s did not apply to women who abused boys
At the time of the alleged crime, the students were between 13 and 16 years old.
Lam’s case will be heard in the NSW District Court in mid-March.
For those requiring confidential advice or support, please call 1800 RESPECT (1800 737 732) or the National Sexual Abuse and Redressal Support Service 1800 211 028