Hotline Miami 2
The scene in question, just before the sexual assault Dennaton Games

Hotline Miami 2: Wrong Number developer Dennaton Games has given Australian fans permission to illegally download the game on PC if its effective ban is upheld.

"If it ends up being not released in Australia, just pirate it after release," designer Jonatan Söderström wrote in an email to a fan. "No need to send us any money, just enjoy the game!"

This week the Australian government refused to classify the stylish indie shooter, therefore making it illegal to sell, due to a scene of "implied sexual assault".

However publisher Devolver responded to the report which included a description of the scene, saying it was misrepresented. It also provided a video of the scene in question and a description of the game's handling of sexual violence.

Its statement:

"We are aware of the recent report published by the Australian Classification Board in regards to Hotline Miami 2 and have been in communication with them. As such, we and Dennaton Games would like to clarify a few things:

First, to clear up any possible misconceptions, the opening cinematic that was first shown in June of 2013 has not changed in any way. We also want to make clear that players are given a choice at the start of the game as to whether they wish to avoid content that alludes to sexual violence. The sequence in question is presented below in context, both after choosing the uncut version of the game and after choosing to avoid content that alludes to sexual violence.

Second, in response to the report itself, we are concerned and disappointed that a board of professionals tasked with evaluating and judging games fairly and honestly would stretch the facts to such a degree and issue a report that describes specific thrusting actions that are not simply present in the sequence in question and incorrectly portrays what was presented to them for review.

Though we have no plans to officially challenge the ruling, we stand by our developers, their creative vision for the storyline, its characters and the game and look forward to delivering Hotline Miami 2: Wrong Number to fans very soon."

Below is the warning at the start of the opening scene giving viewers the choice as explained above.

Hotline Miami 2
Hotline Miami 2

Hotline Miami 2: Wrong Number will be released later this year.