Rothman said had the crime occurred in NSW, “there are or may be issues associated with whether Claimant No. 1 was ‘so affected by alcohol … as to be incapable of consenting’ or participated ‘in the sexual activity because the person is overborne by the abuse of a relationship of authority, trust or dependence’.”

Lawyers for the NSW Ice Skating Association had requested the suppression orders out of concern for Claimant No. 1’s mental health.

“She’s having a difficult time. It’s hard for us to get access to her,” barrister Matthew Richardson said, adding that Claimant No. 1 had spoken of the “need to move forward with her life”.

The defence also sought to suppress a second name, that of a 14-year-old alleged victim. Given she was a child at the time of the alleged crime in Queensland, it is an offence to identify her under the state’s criminal law.

In his decision, which was made public on Monday, Rothman recognised that granting the suppression order on “the names of these two alleged victims creates confidence in those victims to be able to give evidence openly and without fear of exposure and ridicule.

“Secondly, the making of such orders encourages other persons who are or may be the victims of sexual offending to come forward and openly complain about the conduct perpetrated against them.”

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NSWISA’s lawyers did not seek a suppression order on the name of a third alleged victim, who they said has already made her allegation against Kerry public.

Kerry was an eight-time Australian national champion and competed in three Winter Olympic Games – in 2014, 2018 and 2022, when he was one of Australia’s flagbearers at the opening ceremony in Beijing.

The defamation case continues.