ACT Labor MLA Dr Marisa Paterson will today call on the ACT Government to identify the best ways to improve sexual assault proceedings in ACT courts.

“There is a growing movement across the world recognising the urgent need to reform criminal justice systems to present a pathway for the pursuit of justice that does not further disempower, shame, and traumatise victim/survivors,” Dr Paterson said.

“The ACT’s court system has been on the front page of national newspapers for the last two years, and what has been highlighted is the need for reform here.

“For those people who do seek to pursue justice through the criminal system, we need to provide a system that does not exacerbate trauma, disempowerment and entrench violence against women, and rather presents a system where justice can be fairly sought.

“Sexual violence is pervasive in our society. The trajectory of victim-survivors’ lives can be dramatically altered as a result of the harm caused by this type of violence. Our criminal justice system should not exacerbate this harm.”

In August, the Australian Government and the Australian Institute of Judicial Administration released a comprehensive review of international methods: Specialist Approaches to Managing Sexual Assault Proceedings.

The Review found that there were 341 victim-survivors of sexual assault in the ACT in 2021 – the highest number of victim-survivors recorded in 29 years, and an increase of 18 per cent from 2020. In 2021, 90 per cent of victim-survivors of sexual assault in the ACT were female.

The Review describes different models of specialist approaches to sexual assault proceedings used across the world, including the USA, New Zealand, South Africa, Canada, and the UK. They include:

• The sexual offender re-entry model, which focuses on offender rehabilitation. While the model is not specifically designed to be victim-centred, some aspects, such as reducing delays in bringing a case to trial, can benefit victims.
• The victim-centred problem-solving courts, which aim to improve the victim-survivor’s court experience, reducing both risks of re-traumatisation and barriers to reporting, whilst also supporting offender rehabilitation.
• Specialist criminal sexual offences lists or courts, which focus on the criminal prosecution of sexual offences, offer training programs for legal professionals, and ensure that victim-survivors have timely access to relevant information.

Dr Paterson’s motion calls on the ACT Government to assess the strengths and limitations of these models and see how they might be applied to ACT courts.

“Key areas for reform include addressing delays in proceedings, training for all court personal (judiciary, defence, prosecution and court officials), court supports and communication, witness case management, and trial and evidence measures,” Dr Paterson said. “It is critical that reforms to our courts are evidence-based and comprehensive to ensure the best justice outcomes for the community.”

Dr Paterson’s motion also requires the ACT Government to report their findings the Assembly in June 2024.

The review Specialist Approaches to Managing Sexual Assault Proceedings, published in August 2023, was undertaken by the Australasian Institute of Judicial Administration, the Commonwealth Attorney-General’s Department, the CQUniversity College of Law and Queensland Centre for Domestic and Family Violence Research. The review was an outcome of the Standing Council of Attorneys-General’s recent work plan. The ACT Attorney-General, Shane Rattenbury MLA, is a member of the Council.