The Victorian Government will propose changes to sexual offence cases, such as sexual assault, including allowing evidence to be pre-recorded.
The push follows an open letter led by MP Georgie Purcell and backed by experts and advocates, including victim-survivor Brittany Higgins. Attorney-General Sonya Kilkenny has supported the proposals.
The Opposition said that “reform is needed” including “the option to pre-record evidence”.
If passed, the law would be the first of its kind in the country.
Background
Federally, pre-recorded evidence is only allowed for child witnesses.
Some states, including NSW and Victoria, also allow it for witnesses with cognitive impairments.
Back in 2010, the Australian Law Reform Commission recommended extending this option to victim-survivors in sexual offence cases.
Letter
On Tuesday, Upper House MP Georgie Purcell wrote to the Victorian Government outlining three proposed changes to sexual offence cases:
- Legislative protections for victim-survivors’ confidential communications, such as counselling records
- Option to pre-record evidence during legal process
- Clearer court tests for granting access to a victim-survivor’s sexual history as evidence
The letter was signed by victim-survivor and advocate Brittany Higgins, alongside experts from universities across Australia and organisations including the National Survivors Foundation.
“Navigating the justice system can be an incredibly traumatic experience, and we know that this is a major factor in around 90% of sexual violence cases continuing to go unreported here in Victoria.” - Animal Justice Party MP Georgie Purcell said in the open letter.
Govt response
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Attorney-General Sonya Kilkenny responded on Wednesday, saying the laws will be introduced so “[victim-survivors] don’t have to wait to give evidence at trial or undergo cross-examination in front of a jury and the accused”.
She said the Government will also consider “strengthening protections” around counselling records and health information.
Opp response
Shadow Attorney-General James Newbury said that victim-survivors “deserve a more contemporary justice system because the current processes can cause further damage.”
“Reform is needed and should include letting victims in sexual offence proceedings be given the option to pre-record evidence,” he said.
Newbury added that the Coalition “commit[s] to making those reforms”.
What’s next?
The lower house – where Labor holds a majority – next sits on 5 May.
The upper house sits on 12 May, where the bill will require support from the Coalition or the crossbench (independents and minor parties). Purcell also sits on the crossbench.
“It is a relief the government has finally acted,” Purcell said.
Higgins said the changes “can make the pursuit of justice in cases of gendered violence a more respectful and dignified process for all Victorians.”
1800 RESPECT
Call: 1800 737 732
Text: 0458 737 732
Video: 1800RESPECT.org.au
