A young woman's case against an alleged assailant at Cube Nightclub will likely be dropped after police failed to visit the club to request CCTV footage before it was taped over.
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Australian National University student Eliza Wilson was celebrating orientation week with friends in the city last month when she was approached by a stranger inside the club.
Getting "weird vibes" from his attempts to engage her in conversation, Ms Wilson made an effort to put distance between herself and the older man.
When purchasing drinks not long after, the man approached Ms Wilson again, this time cornering her alone against the bar.
The 19-year-old said the "creepy man" groped her and put his hands up her skirt. She said she was only able to escape when a friend witnessed her distress and intervened.
With support from university staff, a report was made to police on Thursday, February 25, four days after the alleged incident at Cube.
Responding to Ms Wilson's email asking how the investigation was progressing the following week, police said Cube had not yet acknowledged their request to view the footage.
Police said their request was made via the inquiries form on the Cube website, via a voicemail message left at the club and via another email account.
Asked to verify which account and on what day, police said they were unable to provide that information as the case officer had been off work for two days this week.
Cube owner Joshua Cicchini denies receiving the requests, saying that while a large volume of calls and inquiries come through via the site and office phone, this is not one he would forget.
Furthermore, Mr Cicchini questioned why police hadn't attempted to retrieve the footage the same way they had several times in the past, by knocking on the door.
"I definitely did not get to a voicemail before that. I don't believe I received an email by police," Mr Cicchini said.
"Police know the best way to get in contact with me is either my phone number or by coming in and requesting footage."
Mr Cicchini said the system was automated to record over the footage every seven to 10 days.
The club was open on the night police took the statement from Ms Wilson and the three nights following.
Cube is an approximate 600-metre walk from the city police station.
Police called Ms Wilson a week after taking her statement to inform her the club had filmed over the video.
"Without corroborating evidence or CCTV that could assist in identifying the persons involved there are no further avenues of investigation at this time," police confirmed on Friday.
Police said they were unable to provide an answer as to why officers did not visit the club until nine days after the incident is alleged to have occurred.
Despite around 50 sexual assaults reported in the CBD each year, there is currently no law in the ACT to regulate the storage of CCTV at clubs or bars.
As is the case with residential CCTV footage, venues do not have a duty of care to patrons to hang on to videos in the event a crime is committed.
Ms Wilson said she'd made the report to police because it felt important for her healing to stand up to sexual violence.
She said she was now having to come to terms with the fact that nothing would happen to the man who assaulted her while she was still suffering from his actions.
"I haven't received any justice and the guy won't be held accountable. It's been very hard to heal from that, especially when there's been no resolution," Ms Wilson said.
In an email to Cube on March 11, Ms Wilson requested an apology for the incident.
Ms Wilson implored the club to implement a response procedure for managing claims of sexual assault and for the proper management of CCTV footage, including retaining it for a longer timeframe. She has also called for the introduction of ID scanners at the entrance of the venue.
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This week, Mr Cicchini said he was taking his time to respond in a meaningful manner and planned to do so on Wednesday.
"Due to the sensitive nature of what was said to me I want to make sure anything I say was proper and justified and that it came from a place that I would've wanted it to come from if it was me," Mr Cicchini said.
Asked whether he would consider keeping footage longer in an effort to protect victims, Mr Cicchini offered the following:
"I am prepared to do anything to keep patrons in my nightclub safe by any means possible," he said.
Ms Wilson was still waiting for her response from the nightclub on Saturday.
Despite having to drop a university subject to manage the stress, Ms Wilson said won't let her assailant win.
"I define him winning by me changing the way I live my life, so yes I don't feel as comfortable going out, but I still go out because it's important to me that I still get to," Ms Wilson said.
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