New report lays out model to improve court experiences for victim- survivors of sexual assault
Today, Fair Agenda and Sexual Assault Services Victoria are launching the report - Improving the court experience: A model for pre-recording testimony in sexual assault cases.
This report provides a model for goverments to improve the court experience for victim-survivors of sexual assault, who too often say that seeking justice exacerbated their trauma. In particular, many victim-survivors describe the process of giving evidence during trial as one of the hardest parts of the court process.
Right now many victim-survivors are forced to wait more than a year to give testimony at trial, causing anticipatory anxiety and stress. On top of this, many victim-survivors are expected to recount some of the most traumatic moments of their lives and answer distressing and often humiliating questions about their bodies and assault, with a jury and the person who harmed them watching on.
This report offers a comprehensive model for all states and territories across Australia to expand access to pre-recorded testimony, allowing victim-survivors to give their statements months—or even years—before a trial, in a setting that supports their safety and wellbeing.
Research shows that providing a victim-survivor with the option to pre-record their testimony can reduce their anticipatory anxiety, eliminate the stress of the courtroom environment, and in doing so, help improve the quality of their evidence.
“Pre-recording evidence for a sexual offence trial is not new. Importantly, it's already a guaranteed option available to children and people with disabilities. It's a well proven process. In 2021, The Victorian Law Reform Commission recommended that all complainants in sexual offence trials be entitled to pre-record their evidence, including all adults. This single measure has the potential to reduce the profound harm that can be experienced by victim survivors of sexual violence when seeking a justice response.” said Kathleen Maltzahn, SASVic CEO.