Return to normal view

Criminal justice system fails victims of sexual assault

Wednesday 4 June 2003

‘The criminal justice system fails many victims of sexual assault’, the Chairperson of the Victorian Law Reform Commission, Professor Marcia Neave said. In its Interim Report on Sexual Offences, which was launched today, the Commission found that those who report sexual offences are distressed by delays and poor communication about how the system works.  They often experience aggressive and insulting cross-examination in court.  The system is particularly damaging for children and young people.  Some people do not go the police when they are assaulted because they lack confidence in the system.

Only about 1 in 7 reports of incest or sexual penetration of children or young people result in prosecution of the alleged offender.  The Commission found that around 45% of those prosecuted for these offences were convicted of at least one offence.  The conviction rate for these offences was higher than for rape, where only about a third of those prosecuted were convicted.

The Interim Report makes over 100 recommendations for changes to police practices, court procedures and rules of evidence.  They include:

• allowing children to have their evidence and cross-examination pre-recorded well in advance of the trial, so that children can tell their story as soon as possible;
• changing the test which is applied to decide whether a child is capable of giving evidence;
• allowing judges to admit children’s hearsay evidence;
• providing for all complainants in sexual assault cases to give their evidence from outside the courtroom via closed-circuit television, unless they want to appear in court;
• placing further restrictions on defence lawyers asking questions about a complainant’s sexual history; and
• preventing accused people from personally cross-examining complainants in person.

‘The Report aims to increase reporting rates for sexual offences, by making police and courts more responsive to the needs of adults and children who report sexual assault’  Professor Neave said.  ‘Our recommendations treat complainants justly and decently, while preserving an accused person’s right to a fair trial.  Many of the reforms we have proposed are already working well in other parts of Australia.’

The Interim Report says that changes to the law must be accompanied by changes to attitude and practice.  It supports police and prosecutor education and argues that court specialisation for sexual offences cases could help to improve the way that these cases are handled.  Having judges who understand the problems experienced by complainants (particularly children) and who are able to manage each case from beginning to end may shorten timelines and simplify proceedings,’ Professor Neave said.

The Interim Report calls for submissions on the recommendations.  The Report is available at www.lawreform.vic.gov.au.  A Final Report will be published early next year.