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The
NSW Criminal Justice system is failing women who make complaints
of sexual assault.
Less
than 1% of sexual assaults lead to conviction.
The
legal system in NSW is based on laws developed hundreds of
years ago. Many myths about sexual assault are deeply embedded
in those laws.
The
laws are misogynist, unjust and ineffective.
We
demand:
That a
high level committee be established to construct a legislative
and management framework for complaints of sexual assault
which is:
- fair
and just,
- reflective
of current community attitudes,
- respectful
of the victim,
- incorporates
a detailed understanding of the impact of sexual assault,
and
- has
access to a range of appropriate tools so that the facts
of what occurred can be established.
That while
this committee completes its work, immediate improvement to
current laws be implemented including:
- The
Laws of evidence be improved and fully implemented so that
victims are protected from improper, degrading or demeaning
questioning.
- Questioning
of victims about their sexual reputation, history or experience
is stopped.
- Evidence
which aims largely or solely to hurt, degrade or confuse
is disallowed.
- Evidence
about the accused's past sexually violent behaviour to be
included in evidence.
- Judges
to be stopped from warning juries against accepting uncorroborated
evidence from complainants. (There is no reason to suspect
that the victims lie, especially when similar warnings are
not given about the accused's evidence).
- Stop
Judicial warnings to juries which imply that a victim's
delay in making a complaint to Police may indicate lying.
(Alternatively Jury's to be informed of the many and complex
reasons that victims do not immediately report).
- Expand
the limitation on the publication of evidence to protect
the victim beyond just her name and address and require
Judges to discuss, and take into consideration victims wishes,
before releasing information to the public.
- Hear
multiple offences concurrently. (This will ensure that victims
of gang rape are required to give evidence once only and,
where there are a number of charges of a similar nature
over a period of time against one individual, all of those
charges are heard together).
- Pre
trial hearings to be held for all sexual assault matters.
- Committal
hearings to be abolished.
- A category
of drugged and assaulted to be added to the list of sexual
offences.
- Change
the onus of consent from the victim having to prove that
she did not give consent to the accused having to prove
he sought and got consent.
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