People experiencing family violence should not be cross examined by their perpetrator, women’s legal advocates say.
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Womens Legal Service Tasmania chief executive Susan Fahey said women’s legal services across Australia wanted changes to ensure a perpetrator was not allowed to personally cross examine their victim.
“Collectively we have seen far too many instances where the perpetrator is able to directly cross examine their victim causing more trauma and making it hard for the victim to participate in proceedings in a safe and equal way,” Ms Fahey said.
“A lot of perpetrators use legal systems to further victimise the other party.
“We have taken the position that a perpetrator should not be allowed to cross examine directly even if they are acting for themselves. We do not want to take away an accused’s right to cross examine but believe it should be done by a lawyer.
Ms Fahey was commenting on calls by family violence campaigners who want more done to ensure survivors of violence and sexual assault are not caused more trauma during court cases.
The wife of a man found guilty of rape and three counts of assault in Queensland said she became physically ill and felt she was put on trial while he did not take the stand.
Ms Fahey said giving evidence by video link in the family law jurisdiction would lessen the trauma for victims.
“WLST has seen many situations where a victim of family violence has been cross examined by the other party often around issues that are not relevant to proceedings and in a manner which is intended to frighten and traumatise the victim again” she said
“Often these perpetrators have no goal beyond causing further harm.
“It is a reason many victims do not want to proceed in the court meaning many accept unfair and unsafe agreements and this can result in further risk to them and their children long term.”
Ms Fahey said funding was needed for expert witnesses to give evidence on the trauma suffered in family violence cases.
“In many cases victims suffer incredible emotional and financial abuse and while the scars are harder to see than in cases of physical abuse they can be very damaging and long lasting,” she said.
“Expert witnesses would help show the effects of this abuse.”