TAS: Tas to overhaul courts treatment of sexual assault

AAP General News (Australia)
04-13-1999
TAS: Tas to overhaul courts treatment of sexual assault

By Don Woolford

HOBART, April 13 AAP - The Tasmanian government is to overhaul its police and court systems
to give more help to victims of sexual assault, whom a report says have been let down by the
system.

It hopes a more compassionate system will also lead to more successful prosecutions.

Premier Jim Bacon announced today the government would adopt all 44 recommendations of a
task force on sexual assault and rape.

The task force's report condemned the failure of the welfare and justice systems to protect
victims.

It said victims and their families told of their horror, loss of personal autonomy and fear
for their safety after being assaulted, often by people they knew and trusted.

"However the personal trauma was made intolerable when the system of response which they
had assumed would be helpful failed them," it said.

"It failed them in many ways -- by a service not being available, by service providers not
responsive or skilled to meet their particular needs, or by investigative and court processes
which left them feeling frustrated, degraded, humiliated and violated."

Mr Bacon said the hallmark of sexual assault was denial, by the offender, his friends and
family, the criminal justice system and the community.

Tasmania had to address systemic problems and perceptions which resulted in only 15 per
cent of women who have been sexually assaulted contacting police, and only three per cent of
those cases reaching the courts, he said.

The recommendations include:

* Extensive training for police in how to deal with sexual assault victims.

* Legal changes to express "consent" in terms of "free agreement", with judges required to
clearly direct juries on the issue of consent. Judges must also give written reasons for
admitting evidence of sexual experience.

* The prohibition on child victims giving oral evidence at committal hearings to be
extended to adult victims.

* A new offence of committing an indecent act with or in the presence of a child under 17
be created.

* An inter-agency sexual assault service coordination mechanism be set up to advise on the
full range of ways to help victims.

Mr Bacon said priority would be given to the needs of children.

AAP dw/jnb/de

KEYWORD: ABUSE

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