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VLRC Discussion Paper says rape convictions down
23 November 2001
Conviction rates for rape in Victoria have dropped, despite the introduction of significant reforms to sexual offences laws in the last ten years, the Victorian Law Reform Commission said today.
Research conducted by the Commission as part of its reference on sexual offences indicates that convictions for rape made up only 24% of prosecution outcomes in the two years between July 1997–June 1998 and July 1998–June 1999, compared to 46% in 1988–89 and 36% in 1992–93. Fewer people are pleading guilty to rape, which means that more victims are having to give evidence in rape trials.
The Commission has been asked by the Attorney-General to report on possible legislative, administrative or procedural changes to sexual offences laws so that they are more responsive to the needs of victims. The Discussion Paper is the first stage of the project. It examines the current law and invites comment on possible reform from the public, community and government agencies, and the legal profession.
As a result of changes introduced during the 1990s, Victorian sexual offences legislation is considered at the cutting edge of law reform both in Australia and internationally.
‘However, changes to the law seem to have had a limited effect on conviction rates,’ said Professor Marcia Neave, Chairperson of the Commission. ‘To respond to the needs of complainants, it may be more important to improve how the law works in practice. This is why we will be focusing on how the law is applied by the police, lawyers and the courts in the second stage of our inquiry.’
One area of possible legislative reform relates to the use of confidential counselling notes as evidence in trials. The law restricts the use of such evidence in court, but a recent court decision has limited this protection. The Discussion Paper outlines some possible approaches to the use of confidential counselling notes and invites comment.
‘We will consult with members of the community and advocacy groups to examine how law reforms and administrative changes could make it easier for victims/survivors of sexual assault to report offences or could reduce the ordeal of giving evidence in a trial,’ said Marcia Neave.
The Discussion Paper is available online www.lawreform.vic.gov.au or by request. Professor Marcia Neave is available for interview.
Please note: The Discussion Paper does not reach conclusions or make recommendations, but raises issues for public consultation and debate. The final report of the reference will be published in late 2002.