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Proposed legislation to allow jurors to learn of prior sexual abuse convictions

Significant changes to legislation across some Australian states will allow jurors to be informed about a sexual offender’s prior convictions in child sexual abuse trials.

user iconNaomi Neilson • 02 March 2020 • Big Law
Court
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Following the findings from the Royal Commission into Institutional Responses to Child Sexual Abuse, several states have either made legislative change or are in discussion to do so to improve the justice system for child sexual abuse victims. Such changes in legislation will push the burden from the victim and onto the defence team.

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The NSW government tabled legislation in parliament recently that would allow for the greater admissibility of tendency and from coincidence evidence. This will see defence receive the onus for proving a person has or had a tendency to act in a particular way.

For example, this could mean defence will no longer debate the behaviours of a sexual assault victim either after the offence or during trial, such as waiting to come forward.

The proposed change was one of the key recommendations of the royal commission. In its findings, the commission made several notes on how to improve juries.

“Each state and territory government should lead the process to consult prosecution, defence, judiciary and academics with relevant expertise in relation to judicial direction containing educative information about children and the impact of child sexual abuse, with view of settling standard directions and introducing legislation as soon as possible to authorise and require the directions to be given,” is one recommendation.

Under proposed legislation, prior convictions or allegations of previous behaviour from the defence will be disclosed, allowing prosecutors to show the jury that the defendant has a tendency to act and has had the propensity for particular behaviour.

Victoria agreed to adopt changes to the Council of Attorneys-General last year and an ACT government is currently looking at reforms to make it easier for multiple sex abuse victims to give evidence against the same offender in the one trial sitting, rather than having to do so repeatedly in separate proceedings and running the risk of trauma.

More to come.

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Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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