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Consent laws, prosecution alternatives at centre of sexual assault inquiry
Consent laws, police accountability and alternatives to criminal prosecutions will be considered as part of the federal government’s review of the treatment of sexual violence in the justice system.
Naomi Neilson
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Led by leading practitioner Marcia Neave and Judge Liesl Kudelka, the Australian Law Reform Commission’s (ALRC) inquiry will consider how to strengthen and harmonise sexual assault and consent laws to improve the experience for victim-survivors.
Federal Attorney-General Mark Dreyfus announced the ALRC inquiry had commenced as part of the government’s $14.7 million commitment to improving the sexual assault justice process.
“All too often, seeking justice adds to the trauma experienced by victims and survivors,” Mr Dreyfus said in a statement.
“This inquiry will look at how we can improve victims’ and survivors’ experiences in the justice system by examining relevant laws and legal frameworks, justice sector practices, supports for victims and survivors, and transformative approaches to justice.”
Considering the experiences of victim-survivors, sexual assault organisations and legal professionals, the ALRC will consider the laws and frameworks about evidence, court procedures and jury directions, along with trauma-informed training for judges.
The ALRC’s terms of reference will also consider alternatives to criminal prosecutions, including restorative justice, civil claims, compensation schemes, and specialist court approaches.
Minister for Social Services Amanda Rishworth said that with one in five Australian women experiencing sexual violence since the age of 15, it is the government’s goal to “ensure they are not re-traumatised” by the processes and systems in place within the justice system.
“We must keep victims and survivors at the centre of all our responses in this space, and I’m pleased this inquiry will help to improve outcomes and experiences,” Ms Rishworth said.
To assist the ALRC’s inquiry, the government has established a sexual violence lived-experience expert advisory group (EAG) so victim-survivors are “front and centre” in the discussion.
The final report is due in January 2025.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
