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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.