WARNING: GRAPHIC CONTENT
A senior constable who admitted to sexually assaulting a colleague at a police station in Sunshine was not sacked and has never been charged, and officers who investigated the case have been accused of pressuring the victim to withdraw her complaint to avoid damaging the force’s reputation.
Unsworn intelligence officer Alison Finlay has now launched legal action against Victoria Police in the Victorian Civil and Administrative Tribunal (VCAT) and the station’s handling of her complaint in 2021 is being investigated by the Independent Broad-based Anti-corruption Commission.
Alison Finlay is suing Victoria Police for allegedly failing to act on a sexual harassment complaint she made against a senior member.Credit:Wayne Taylor
Finlay said she was deeply traumatised by the sexual abuse and harassment in December 2020 and that the handling of an internal inquiry has exacerbated her mental health condition.
“I want him to be held to account and face due process like anyone else would. This kind of thing shouldn’t be happening anywhere, let alone by the people who are supposed to be investigating crimes like sexual assault,” Finlay said.
“They [police investigators] made it clear that they didn’t want me to continue with it because it was a bad look, and I’ve told them again and again that I wanted him charged.”
According to Finlay’s statement of complaint filed with VCAT and her sworn statement to police, on December 17, 2020, a senior constable based at the Sunshine crime investigation unit sent Finlay a series of sexual images and videos via Snapchat, including a photo of his penis.
Later the same day, the statement says, the senior constable exposed his penis to Finlay as she sat at her desk. He then forced her hand onto his penis while using a folder to conceal the act from other colleagues in the office.
The following day, Finlay was sent Snapchat videos that showed the officer engaging in sexual acts with a woman with the message: “This is what I want to do to you Ally.”
“The Applicant responded with a text stating that he had taken her consent from her, she did not want to touch his penis, and she did not want to see pictures of his penis,” the VCAT claim says.
Finlay told a senior officer that she had been sexually harassed and assaulted, and was suffering from mental health issues as a result.
She made a written and verbal complaint on January 14, 2021, but was told she would need to elicit a confession from her attacker, despite her precarious mental state.
“Absent a confession, it was ‘oath vs oath’ and as he is a sworn member, then it would be likely his word would be believed over hers,” the VCAT documents say.
On February 10, 2021, Finlay communicated via Snapchat with the senior constable, who admitted to the assault and apologised to her, in messages obtained by The Age.
But within half an hour of receiving the confession, Finlay said she was warned by two sergeants handling the investigation that her own conduct would be brought into question if she proceeded with the complaint. She was then asked to sign a pre-prepared statement saying she did not want the matter criminally investigated, which she said she signed in a “state of shock”.
“[A detective sergeant] stated that he [the senior constable] was less likely to take it personally if she did not pursue criminal charges and that also, not pursuing criminal charges would be in the interest of the reputation of Victoria Police,” the VCAT documents say.
The senior constable was suspended on February 12, 2021, but received full pay for a year until resigning in February 2022, when internal disciplinary charges were laid.
A Victoria Police spokesman said when a victim chooses to make a statement requesting no further police action, it would be taken into consideration, but criminal investigations were often completed when a victim changed their mind. This ensured that all available evidence was captured at the first opportunity, the spokesman said.
“When alleged criminal offending involves a Victoria Police employee, the criminal matter is always investigated before proceeding to a discipline charge,” he said. “Unfortunately, some investigations do not lead to charges based on the evidence available when there is a statement of no complaint.”
However, in a series of emails and an audio recording that The Age has obtained, Finlay repeatedly asks for a criminal investigation to proceed, saying that she was prepared to give evidence at a trial.
“No, I wanted him to lose his job right from the start. That guy should not have a gun. So, that was definitely clear. And I also said I’d co-operate in a criminal trial, but I didn’t want to push it because of the anxiety,” Finlay told an investigator from the Salus taskforce, which investigates sexual assault allegations, in January 2022.
Finlay’s lawyer, Rubicon Compensation Lawyers’ Naomi Riggs, said her client had received unfavourable treatment from Victoria Police because she had made a complaint against a sworn officer and insisted the matter be properly investigated.
“In an employment situation, sexual assault is serious misconduct, and it warrants the immediate termination of the employment relationship,” Riggs said.
“On 10 February 2021, Alison’s perpetrator admitted to sexually assaulting her. Why was his employment not ever terminated? Why was he able to be suspended with pay for 13 months and then resign without any consequence?”
Gregor Husper, principal lawyer of the Police Accountability Project at Inner Melbourne Community Legal, accused the force of being more concerned about protecting its own reputation than the welfare of the women who work there.
“Victoria Police have shown themselves incapable of properly investigating complaints against its members, and the situation won’t improve until that responsibility is given to an independent police ombudsman,” Husper said.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or Beyond Blue 1300 224 636.
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