Sexual Crimes - Culture change on victim rights
The opening of a specialist sex offences unit promises to reform the justice system’s response to sexual crime in Victoria, offering better support to victims and a greater understanding of their needs.
The Specialist Sex Offences Unit of the Office of Public Prosecutions comprises a team of approximately 30 advocates and administrative staff, led by Crown prosecutors and senior solicitors with specialist training in handling sexual assault claims. They have been allocated $2.7 million of funding, from a $34.2 million package of sexual assault initiatives, which reflects the government’s commitment to cultural change in this sensitive area of the state’s criminal justice system. The broader community has also been put on notice, with state Attorney-General Rob Hulls insisting that “changes in sexual assault law, policing and prosecution practices need to be reinforced by attitudinal change in the community.”
The specialist unit was launched earlier this year in response to a landmark Sex Offences report produced by the Victorian Law Reform Commission (VLRC) in 2004. The report made 201 recommendations for reform aimed at improving victim rights from the very first point of contact with the justice system. Among the proposals were improved police responses to initial reports of sex abuse claims, tougher rape laws to make it easier for victims to give evidence, bans on the cross-examination of victims by accused sex offenders, and the use of closed circuit television as a standard mode of evidence delivery for complainants at committal or trial.
Sensitivity to the emotional, social and psychological impact of victim trauma is now recognised as being paramount to helping victims come forward and confront their accused. Commenting on the launch of the specialist unit, Director of Public Prosecutions Paul Coghlan QC said “while we cannot take away the pain of the victims, we can ensure they get more appropriate support and they are treated with sensitivity and respect.”
Women and children are the typical victims of sexual crime and are often reluctant to report offences or give evidence. Centres Against Sexual Assault (CASA) have suggested this may be due to claims of further stress and abuse reported by victims who have taken their cases to court. But the recent sentencing of triple murderer Peter Dupas suggests that the courts are now taking a more empathetic approach to victim rights. In his judgement, Victorian Supreme Court Judge Phillip Cummins called for sentencing laws “to be amended to state specifically that a purpose for which sentencing may be imposed is the vindication of the rights of victims” (DPP V Dupas [2007] VSC 305 at para 16).
Barristers are also being trained and provided with guidelines and feedback by the specialist sex offences unit to ensure consistency in the state’s response to sex offences.
No other state or territory appears to have such a comprehensive specialist approach to sexual crime, which makes Victoria a national leader in the prosecution of sexual assault offences. The initiative is part of a broader review of criminal law procedures being undertaken by the state government in an effort to improve the efficacy of the justice system for both the courts and the community.
More information
Useful web links: visit the “Completed Projects” page at www.lawreform.vic.gov.au
Disclaimer: The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Ms Eleanor Coates or Sam Marash of our office.
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