Vulnerable people will be spared the ordeal of giving evidence multiple times in sexual assault trials, under legislation introduced to NSW Parliament today.
Attorney General Mark Speakman, the MP for Cronulla, said the new provisions are designed to reduce the trauma and stress on witnesses whose evidence is needed in retrials or other court proceedings.
“There are already laws in place which allow the evidence of sexual assault victims to be recorded in a trial and replayed if there are further proceedings,” Mr Speakman said.
“These laws will now apply to other vulnerable witnesses in sexual offence hearings including children and people with a cognitive impairment.”
In addition, a recording of a sexual assault victim’s evidence will now be able to be used as tendency evidence in separate proceedings.
“Tendency evidence can show a person has a pattern of behaving in a certain way and it can lead to sexual offenders being convicted of crimes against other victims,” Mr Speakman said.
The changes are part of a package of government reforms to support victims of crime.
A complainant’s existing right to have a dedicated support person in court during apprehended violence order (AVO) proceedings will be extended to associated criminal proceedings.
All child complainants or witnesses in AVO and all criminal matters will also be allowed a support person to be by their side during these proceedings.
“The victim’s support person – who could be a friend, family member or counsellor – will provide them with practical and emotional assistance that will help reduce stress and create an appropriate environment where they can give their best evidence,” Mr Speakman said.
In addition, there will be a legal presumption that AVO proceedings will be held in a closed court if they involve any person under the age of 18. Previously the entitlement to a support person and the presumption of closed courts for AVO proceedings did not apply to children aged 16 and 17.
The legislation will also enable all victims eligible to make a victim impact statement to ask a court to allow them to read it using CCTV or other special arrangements.
Currently only victims of some sexual offences, or people with cognitive impairments are entitled to deliver their statements in this way.
