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‘Enthusiastic yes’ proposal for consent laws concerning: ALA
The Australian Lawyers Alliance has urged the NSW Law Reform Commission to consider the use of restorative justice in its review of the state’s sexual assault laws, saying the current system is failing victims.
Jerome Doraisamy
Any review of the existing law needs to do more than simply focus on the issue of consent, the ALA said in a statement.
“There is the risk that such a change may have the unintended consequence of creating a more traumatising trial experience for complainants.”
The ALA believes, Mr Dale said, that any changes to sexual assault laws must be designed to create a system that better serves the needs of victims.
“We suggest that there is a place for restorative justice processes in dealing with sexual assault, and we encourage the NSW Law Reform Commission to consider this seriously.”
“The criminal justice system should continue to be the primary means for addressing sexual assault crimes. However, evidence suggests that this system is failing victims and so it is time that we look for alternative and supplementary options,” he argued.
He conceded, in positing ALA’s recommendations, that “there are are valid concerns” about whether restorative justice processes are appropriate in cases of sexual assault.
“However, the current low reporting and low conviction rate for sexual offences indicates that there needs to be a better way for victims to have their experiences acknowledged and offenders to be held responsible for their actions,” Mr Dale submitted.
“Victims continue to be reluctant to report sexual offences. The standards of proof required by the criminal system, and the current low conviction rate, discourages many victims from attempting to seek justice.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly and HR Leader. He has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. In June 2024, he also assumed the editorship of HR Leader. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of the Minds Count Foundation.
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