Read The Times Australia

Daily Bulletin

Does Australia need dedicated sexual assault courts?

  • Written by: Vicki Lowik, Research Officer, Queensland Centre for Domestic and Family Violence Research, CQUniversity Australia
Does Australia need dedicated sexual assault courts?

Victim/survivors of sexual assault have always faced an uphill battle in their pursuit of justice.

In being made to retell their assault story over and over, they can be retraumatised and made to wait years for their case to go to trial, delaying their opportunity to heal.

The public watched on as charges against Bruce Lehrmann for the alleged rape of Brittany Higgins (which he denies) were dropped because of concerns for Higgins’ mental health after a mistrial in 2022.

So is it the case that sexual assault trials simply shouldn’t be conducted in a general criminal court? Does Australia need dedicated facilities instead?

Read more: 'Male soldiers can't help themselves' is among many rape myths that need debunking

The harms of a combative court process

Cross-examination is a vital part of a regular criminal trial. But in sexual assault cases, it can be complicated.

It is the job of defence lawyers to create doubt in the minds of the jury about the victim/survivor and the assault.

This is often done by drawing on popular rape myths, such as: why didn’t you fight back? Was the attacker a stranger? Was a weapon used in the attack? Had you been drinking or taking drugs? What were you wearing?

Jurors can be influenced by this performance – a performance that reflects the attitudes of those in the community who doubt women’s reports of violence.

It can take a severe toll on victim/survivors.

In one Queensland case, it took eight years and two trials to resolve.

The first trial resulted in a hung jury, and the second in acquittal. The victim/survivor underwent cross-examination twice.

Such an extended court process can have a massive impact on a victim/survivor’s life.

A courtroom with a view of the scales of justice on a wooden panel.
Victim/survivors of sexual assault have always faced an uphill battle in their pursuit of justice. Shutterstock

Many feel they must delay holiday, career or study plans while they await vital court dates.

It makes it more likely they will withdraw their complaint.

The layout of courthouses can also be an issue.

Victim/survivors can be forced to come face-to-face with their alleged attacker due to a lack of alternative entrances and waiting areas.

Reforms have helped, but not enough

Reforms over the past 50 years have achieved some improvements in the criminal justice process for victim/survivors.

Research shows that, in some Australian jurisdictions, procedural reforms such as giving evidence via CCTV and closed courtrooms are working.

However, these reforms are inconsistent across jurisdictions.

Core re-traumatising features of trials, such as cross-examination without clear boundaries, remain part of the court experience where trauma-informed reforms have not been introduced.

Read more: Jurors who believe rape myths contribute to dismal conviction rates – but judge-only trials won't solve the problem

Are dedicated courts the answer?

Some countries, such as South Africa, operate specialist sexual offences courts. Scotland is setting up a pilot specialist court.

The benefit of these courts is that all court personnel are trauma-informed and can deal with complex social issues and laws.

One early evaluation in South Africa shows 94.9% of victim/survivors were satisfied with prosecutors, and 87.5% were satisfied with their preparation for trial.

Almost all felt totally or fairly safe at court.

Only 20% found the defence attorney intimidated them, and less than a third felt their personal dignity was insulted during cross-examination.

South Africa also implements “juryless” trials, heard by a judge and a two-person lay panel, which may be a factor in the favourable findings.

Specialists courts can also reduce delays.

Yet there are risks to such a narrow approach.

It may lead to a gradual loss of more general legal skills and too narrow a focus, which may result in biased decision-making.

In fact, it may not be necessary to create a separate standalone court to get better outcomes.

Research has shown trauma-informed training is necessary for court personnel to understand and help prevent victim/survivor retraumatisation.

This can be achieved within the existing court system.

Regular courts can have a “specialist approach” - a different way of running proceedings for sexual assault cases that better meet the needs of victim/survivors.

This can be on specific days of the week around normal court operations.

Significantly, having a separate specialist approach within the general criminal court system to deal exclusively with sexual assault cases may introduce positive culture change.

Studies indicate a comprehensive specialist approach may be the missing link in reforming the adversarial system.

Read more: Rape is endemic in South Africa. Why the ANC government keeps missing the mark

More to do to improve court experiences

Our review of international practice identified a range of things Australia could do to significantly improve victim/survivors’ experiences in the criminal justice system.

These include:

  • specialist trauma-informed training for all court personnel, including defence counsel

  • measures to better inform victim/survivors about their case, and improve communication

  • linking victim/survivors to support services and providing safe court facilities

  • specialists (called “intermediaries”) who can help victim/survivors understand court processes

  • specialist case management, including ground rules hearings to address inappropriate questioning in cross-examination

  • pre-recorded evidence.

Standalone sexual assault courts would be one way of implementing these measures, but it’s not the only way.

Specialist approaches with trauma-informed legal staff would also put these actions into place without the need for a dedicated court.

Introducing these measures wouldn’t fix everything, but it’s certainly a starting point to help reduce the harm that’s too often compounded by court proceedings.

Authors: Vicki Lowik, Research Officer, Queensland Centre for Domestic and Family Violence Research, CQUniversity Australia

Read more https://theconversation.com/does-australia-need-dedicated-sexual-assault-courts-215708

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...