Survivors of sexual assault can wait years to give evidence in court, living with the knowledge that one day they will be asked to relive the most traumatic moments of their lives.
The Illawarra Women’s Trauma Recovery Centre says it shouldn’t be this way.
The Centre has joined more than 26 advocacy organisations, legal experts and academics calling on the NSW Government to allow adult sexual assault complainants to pre-record their testimony, arguing the reform would reduce unnecessary trauma while preserving the right to a fair trial.
In an open letter to the NSW Government, the coalition warns existing court processes can cause unnecessary harm and distress to victim-survivors and is calling for changes to the Criminal Procedure Act to give complainants in sexual offence matters the option of recording their evidence through a special hearing before trial.
The coalition includes Domestic Violence NSW, Fair Agenda, Women’s Health NSW, the Older Women’s Network NSW, Full Stop Australia, Women’s Legal Service NSW, No to Violence, the Royal Australian and New Zealand College of Psychiatrists and University of Wollongong legal academic Professor Julia Quilter.
Chief executive Elise Phillips said the justice system should not add to the harm survivors had already experienced.
“The period between reporting a sexual assault and giving evidence can be one of the hardest parts of a survivor’s journey,” Ms Phillips said.
“Many women spend months or even years living with the anxiety of knowing they will eventually have to recount deeply traumatic experiences in graphic detail. Every delay means that burden continues.”
Supporters say pre-recording testimony would allow survivors to give their evidence much earlier in the court process, reducing the emotional toll of lengthy delays while preserving the accused person’s right to challenge the evidence through cross-examination.
The call comes after the Victorian Government announced in May it would introduce legislation allowing more adult sexual assault victim-survivors to pre-record their evidence.
The announcement followed a campaign by Fair Agenda and recommendations from both the Australian Law Reform Commission and the Victorian Law Reform Commission.
Queensland and the Northern Territory have already introduced similar reforms.
Ms Phillips said New South Wales now had an opportunity to create a more trauma-informed justice system.
“Our justice system should never add to the trauma a survivor has already experienced. We can protect the integrity of a fair trial while also protecting the wellbeing of victim-survivors. Those goals are not in conflict,” she said.
“Recovery shouldn’t be put on hold because someone is waiting for their day in court. Giving survivors the option to pre-record their evidence means they can begin rebuilding their lives instead of carrying the weight of a trial for months or even years.”
People can support the campaign by signing Fair Agenda’s petition calling on the NSW Government to introduce the reforms.