Reforming court processes to better support victims of sexual violence is critical to encouraging victims to come forward, according to Tasmanian state chair of the Australian Psychological Society Bev Ernst.
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Ms Ernst said victims’ experiences of going through court can be “like being raped again” and often deters people from reporting attacks to police.
“The process of being cross-examined [by lawyers] in front of the person who attacked you in that way – that has to change,” Ms Ernst said.
“Judges have to say, ‘No, that’s not acceptable, take a statement’.”
Ms Ernst said questions over clothing, alcohol intake and where the victim was should no longer be allowed.
“When you’ve got physical evidence, why is the victim on trial and has to justify her – or his – behaviour?” she said, adding the cross-examining of victims reinforced “murky” beliefs around sexual consent.
In May 2012 then-Attorney-General Brian Wightman commissioned the Sentencing Council of Tasmania to investigate the state’s system of sex offence sentencing.
The report, released in August 2015, noted “the inadequacy of the criminal justice system’s response to victims of sexual assault has been well documented and the law has struggled to appropriately address the needs of the victim in a process designed to ensure a fair trial and just sentencing for an offender”.
This month the state government released for public comment a draft bill to amend the Criminal Code Act of 1924 to modernise the definitions of rape.
If passed, the bill would broaden rape to include sexual penetration by inanimate objects and body parts other than the penis.
Attorney-General Vanessa Goodwin said the government is acting to ensure victims “do not have unnecessary roadblocks placed in their way when seeking justice”.
"The Evidence (Children and Special Witnesses) Act already provides a range of protections for vulnerable witnesses (including victims) that includes the pre-recording of evidence and the use of audio visual links,” she said.
Dr Goodwin said alleged perpetrators are prevented from directly cross-examining victims.
“Additionally, the government is acting on its election commitment to introduce minimum mandatory sentences for perpetrators who commit serious sexual offences against children, in line with the recommendations of the Sentencing Advisory Council,” she said.
If you need support, call the Laurel House Launceston 24/7 crisis line on 0409 800 394.
