Adult sexual assault complainants will be able to use recorded police interviews as evidence, and courts will set ground rules on how they are questioned, after new laws passed NSW Parliament on Wednesday, 11 November.
The legislation changes the way adult sexual assault trials are run.
“Too often, sexual assault complainants find it retraumatising to seek justice when they’re forced to tell their story multiple times or because of irrelevant, inappropriate questioning,” said Attorney General Michael Daley.
“These reforms seek to modernise NSW’s approach to sexual assault prosecutions to better protect complainants as they seek justice.”
Under the changes, ground rules hearings will be introduced into adult sexual assault proceedings. They will be held before a complainant gives evidence.
Courts will be able to give directions on how the proceedings will be run. That includes the complainant’s communication needs, the parameters around how they will be questioned, and the likely jury directions to be sought.
A pilot will run at Parramatta, Wollongong, and Dubbo District Courts from 2027.
Recorded police interviews with complainants can also be used as evidence in chief in adult sexual assault proceedings. That means complainants will only need to give their evidence in chief once, including if there is a retrial.
Until now, these recordings could only be used as evidence in chief for children under 16 and people with a cognitive impairment.
The laws also change how complainants’ counselling communications are handled. Under the Sexual Assault Communications Privilege, courts will only be able to consider a complainant’s communications records when it is necessary, rather than inspecting the material automatically or out of an abundance of caution.
The changes also write into law the requirement to seek leave to access records that have been produced in court.
University of Sydney-led research is examining how the privilege operates and considering other models and options for reform.
“Victim-survivors who make the difficult choice to report to police and seek justice deserve a court process that does not add to their trauma,” said Minister for Women Jodie Harrison.
“These reforms help make giving evidence less distressing and reduce the risk of retraumatisation.”
“They are part of the wider work that the Minns Labor Government is doing to support victim-survivors, through our justice system navigators pilot and healing and recovery programs.”
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