Sexual Violence Legislation Act 2021
The Sexual Violence Legislation Act 2021 (the “Amending Act”) makes changes to the Evidence Act 2006 to introduce greater protection to complainants in criminal proceedings involving offenses of a sexual nature (“sexual cases”) to avoid re-traumatization. The Amending Act provides that unless a Judge gives permission, no evidence can be given, and no question can be put that relates directly or indirectly to sexual experience of the complainant with the defendant or any other person, the sexual disposition of the complainant or the sexual reputation of the complainant. There are limited exceptions to this where it is relevant to the proceeding and permission has been obtained from the Judge. A defendant in a sexual case is not permitted to personally cross-examine a complainant or witness in a civil or criminal sexual proceeding, harassment proceeding or family violence proceeding. The Amending Act provides for evidence of a complainant or propensity witness to be given by alternative means (such as by video record or in the courtroom but unable to see the defendant); however a Judge may permit a complainant to give their evidence in the ordinary way if they wish to do so. A Judge may order that evidence cannot be given by alternative means if the Judge considers that the giving of the evidence in that way would present a real risk to the trial and that this risk cannot be mitigated. The Amending Act makes changes to the Victims’ Rights Act 2002 in relation to a victim’s preferences and how the victim is informed and facilitated in court, including making sure that the victim is informed about the ways that the victim can give evidence and how the victim statement can be read to the court, providing reasonably appropriate facilities (including waiting areas away from the public and alternative bathroom facilities).
Topics
Geographical location
Keywords
Year
- 2021
External URL
Type
Jurisdiction