Bill to better support sexual violence victims underway

The first stage of the Government’s sexual violence reforms are underway with the passing of the first reading of the Evidence Amendment Act today, Justice Minister Amy Adams says.

Ms Adams says the Bill will reduce unnecessary trauma and better protect victims who become involved in the court process through no fault of their own.

The Bill includes three core changes:

1. Improving the court process for child witnesses
2. Enhancing court process for complainants in sexual offence cases
3. Introducing safeguards for video record evidence of vulnerable witnesses.

“This is a major step in delivering on the Government’s aim to improve the experience of child witnesses and victims of sexual violence in the courtroom,” Ms Adams says.

The Bill creates a presumption that child witnesses give evidence through the video of their police interview, via closed-circuit television or from behind a screen.  It also gives children the automatic right to have a support person near them when they give evidence.

“These changes will reduce the trauma that can be caused by giving evidence in a confrontational court environment,” Ms Adams says.

The Bill also introduces a requirement that the defence gives notice before a trial begins if they intend to introduce evidence of the complainant’s previous sexual history with a person other than the defendant.  Currently permission to introduce this evidence can be sought at any time during the trial.

The third element places restrictions and safeguards on defence counsel access to these video records in sexual and violent cases, and in all cases involving child witnesses.

“It will never be easy for a victim of a sexual crime to come forward and make a complaint and then to re-live their painful experiences in a court room facing the judge, jury, legal counsel, media and the person who is alleged to have offended against them,” Ms Adams says.

“We need to make that inherently stressful process as undemanding as possible and a part of that is to ensure complainants can be prepared for what will happen during the trial.”

Ms Adams says these changes will complement the other initiatives already underway to better support victims of crime.

“I’ve already asked the Law Commission look at ways to improve the court experience of victims of sexual violence and this Bill will further support that work.”