The Victorian government will strengthen laws to allow more sexual assault survivors to pre-record their testimony and improve protections for confidential communications in court, including counselling and medical records.
It comes after Brittany Higgins joined Animal Justice Party MP Georgie Purcell in signing an open letter this week calling for the reforms to be included in the government’s upcoming women’s safety package.
The open letter was also signed by lived experience advocates including Nicole Meyer and a number of advocacy organisations, peak bodies and psychologists.
The letter also called for the government to strengthen and clarify the tests that courts apply when considering whether to grant an application to access sexual history evidence.
The option to pre-record testimony will mean victim-survivors will not be forced to recount their traumatic experiences in front of a jury or their perpetrator.
The letter, written by Purcell, said the reforms were long overdue and would work to prevent retraumatisation of survivors in Victoria, where almost 90 per cent of sexual violence goes unreported.
“Over the last five years, survivors across Victoria have come forward in unprecedented numbers. This sparked rallies, reviews and inquiries that have exposed the flaws in our justice system,” Brittany Higgins said.
“The reality is that for many, the legal system feels less like a pathway to justice and more like a second site of harm. Until we meaningfully reduce the risk of retraumatisation within our courts, we cannot expect people to continue to subject themselves to the legal process.”
Purcell said the reforms must also come with funding for Community Legal Centres and ongoing funding for Victims Legal Service.
“These laws won’t solve the scourge of sexual violence in our state. But they will help to increase reporting and restore faith in our justice system, which is currently failing survivors and protecting perpetrators,” Purcell said.
“This is not a new discussion, and it is a relief the government has finally acted. These changes were recommendations by the Victorian Law Reform Commission five years ago and the Australian Law Reform Commission last year.
“While subpoenas are an incredibly complex area of the law, it is clear their widespread use is retraumatising victim-survivors.”
Sarah Rosenberg, Executive Director of With You We Can, said victim-survivors’ private records are currently being sought by barristers at a regularity the general public is unaware of.
“Counselling notes, medical records, text messages – you name it – it’s all up for grabs to be distorted in ways that discredit them,” Rosenberg said.
“This happened to me – and my personal medical notes dating back decades were accessed.”
“With such deeply personal, sensitive and supposedly confidential information being accessed and used in cross-examination, we’re prosecuting the wrong person. Victim-survivors are doing a public service by speaking up and cooperating with the state’s case – the least we can do is allow them to emerge from that process with their dignity intact.”
– Sarah Rosenberg, Executive Director of With You We Can
The Victorian government’s commitment to the reforms, confirmed by Attorney General Sonya Kilkenny, has been labelled a “major win for survivors” by gender equity campaign group Fair Agenda.
“Current rules are causing many survivors of sexual assault additional harm and distress,” Fair Agenda’s Jacinta Masters said.
“Right now many survivors are forced to wait years to give their evidence at trial, often facing multiple delays to their trial date, facing anticipatory anxiety and stress as they have to remain ready to recount the most traumatic moments of their life in graphic detail.
“With pre-recorded testimony, survivors can start their healing journey earlier.”
The changes in Victoria come more than a year after the Australian Law Reform Commission’s (ALRC) inquiry released a report that found the justice system is currently failing people who have experienced sexual assault. The ALRC outlined a roadmap for fixing the justice system, including 64 recommendations for meeting the twin goals of access to justice and accountability.
Feature image: Georgie Purcell. Supplied.