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Friday, April 26, 2024

Commonwealth inquiry for ‘just outcomes’ in sexual violence cases

The ACT Government has welcomed the announcement of a Commonwealth inquiry into how the justice system handles sexual violence.

Judge Liesl Kudelka and former judge Marcia Neave have been appointed to lead an inquiry into justice responses to sexual violence, promoting “just outcomes” for people who have experienced sexual violence and minimising re-traumatisation through the process. It is hoped that through this inquiry, survivors of sexual violence will get the opportunity to make the legal system less traumatic for people seeking justice.

The Australian Law Reform Commission, undertaking the inquiry, will report back by late January 2025.

Judge Kudelka has 25 years of experience working in the justice system, including with victims of sexual violence, and Ms Neave has served as a judge, commissioner, public policy maker, and academic.

Attorney-General Mark Dreyfus said seeking justice often brought added trauma to victims and survivors.

“This inquiry will look at how we can improve victims’ and survivors’ experiences in the justice system,” he said.

Social Services Minister Amanda Rishworth said one in five women in Australia had experienced sexual violence since the age of 15.

“We must keep victims and survivors at the centre of all our responses in this space,” she said.

The federal government committed $8.4 million over three years in the 2022 budget to pilot specialised and trauma-informed legal services for victim-survivors of sexual assault.

A new intimate partner homicide dashboard, which will provide more up to date reporting, was announced last November.

ACT Attorney-General Shane Rattenbury said: “I welcome and support this inquiry which will examine the justice system’s response to sexual assault – taking a trauma-informed, holistic and transformative approach.

“Attending a courtroom as a victim-survivor of a sexual offence proceeding can be a traumatising experience, and it is important that governments continue work to address the barriers faced by victim-survivors of sexual assault in seeking justice and reduce the risk of further traumatisation from participating in the justice system.”

The announcement follows the National Roundtable on Justice Responses to Sexual Violence held in August 2023.

“The ACT Government has already taken steps to introduce law reform that adopts a more victim-centred and trauma-informed approach to sexual offence proceedings as recommended by the Listen. Take Action to Prevent, Believe and Heal Report (SAPR Report),” Mr Rattenbury said.

“I look forward to working further with my state and territory colleagues, victim-survivors, advocates, and experts to improve the experience of the justice system for people who are at their most vulnerable.”

Yvette Berry, ACT Minister for the Prevention of Domestic and Family Violence, said: “The ACT Government is pleased to see our federal counterparts seriously considering action on judicial responses to sexual violence.

“Some victim survivors find the justice system re-traumatising and painful.

“I look forward to reading the findings of the inquiry and carefully considering the final report.”

With AAP

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