Change will take courage

A recently released Law Commission report makes a case for major change and innovation in the way the justice system responds to victims of sexual violence.

The report has been a long time coming.

The commission was tasked in 2009 with a high-level review of criminal trial processes as they apply to sexual violence cases.

It considered whether processes needed to be changed to improve fairness, effectiveness and efficiency, particularly in relation to complainants' court experience.

But former justice minister Judith Collins put the review on hold in 2012 for years, before it was revived and fast-tracked at the end of last year by current Justice Minister Amy Adams.

Ms Adams should be applauded for appreciating the seriousness of the issue and encouraging the completion of the review.

It is to be hoped she and the Government now seriously consider the commission's 82 recommendations, given this issue is all too easily swept under the carpet.

Sexual offending is believed to be grossly under-reported. Offending often happens in a domestic context, which complicates the reporting of it, and the experience of complainants who have been courageous enough to report offending is that the judicial process is often lengthy and adversarial and effectively "revictimises'' them.

As a result, it is likely many victims are suffering in silence, many perpetrators are not held accountable, attitudes remain entrenched, and more offending is inevitable.

The commission says in its report it has been difficult balancing improvements for complainants without compromising the trial rights of defendants.

However, it is clear victims are coming off second best in more ways than one, and the commission believes three particular changes are required.

The commission recommends piloting a specialist sexual violence court with judges and lawyers trained and accredited in dealing with sexual violence cases, an alternative to the present criminal justice system for resolving some cases (such as where the victim wants to maintain a relationship with the perpetrator), and better support systems for victims (including a sexual violence commission to co-ordinate and oversee services).

Among its other recommendations are addressing the length of time it takes getting cases to court, which can be difficult for complainants if violence is occurring in the home, better court layouts so complainants do not come into contact with defendants, and less traumatic ways for victims to give evidence.

It even questions whether our current jury system is best for dealing with such intimate and sensitive matters.

Of note is the acknowledgement of the diverse experiences and needs of sexual violence victims, and the fact some may never want to go through a trial process.

It is pleasing victims have been put front and centre of the report.

Many do not feel supported, and often they have been let down by the very people and systems designed to protect them (the Roast Busters case is a prime recent example).

Change must come from the top: from the Government, through the courts, police and other agencies.

For without clear leadership, policies that make clear sexual violence will not be tolerated, as well as an effective system whereby perpetrators are brought to justice, victims will never feel respected, represented and supported.

Sadly, we have a long way to go.

When jokes and comments about sexual offending are entertainment or political point-scoring fodder for our own Prime Minister (who is notably also a White Ribbon ambassador), the message is far from encouraging.

Ms Adams has her work cut out.

It is to be hoped, for the sake of victims, she has the courage and energy to make meaningful changes.

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