The Albanese government has proposed a new Bill to ensure the “sexual reputation” of rape complainants are inadmissible as evidence in federal courts.
The Crime Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 announced the introduction of the proposed reforms in parliament on Wednesday.
The Bill was created based on several outstanding recommendations from the 2017 Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse. It also supports the government’s National Stragey to Prevent And Respond to Child Sexual Abuse (2021-2030).
The Attorney-General Mark Dreyfus KC MP said the Bill has the potential to improve the experience of victims and survivors of sexual violence in our justice system.
“Sexual assault can have devastating, cumulative and long-lasting effects on the lives of victims and survivors, their families and communities,” Dreyfus said.
“These reforms support victims and survivors engaged in the Commonwealth criminal justice system, while maintaining due process protections and ensuring that defendants continue to be tried fairly and impartially.
“The reforms were developed in consultation with stakeholders, including victims and survivors and their advocates. I thank them for sharing their experience and expertise.”
If the legislation is passed, any “evidence” related to the complainant’s sexual reputation will become inadmissible in Commonwealth criminal proceedings in order to reduce “traumatisation of complaints and/or witnesses during proceedings”.
“Evidence of sexual reputation is not to be admissible on the basis that such evidence is too far removed from evidence of actual events or circumstances for its admission to be in the interests of justice in any circumstance,” the Bill’s explanatory memorandum reads.
“The court must not grant leave unless it is satisfied that the evidence is substantially relevant to the facts in issue in the proceeding and (if the evidence relates to the credibility of the vulnerable adult complainant and is to be adduced in cross-examination of the complainant), the evidence has substantial probative value.”
Other changes to the criminal justice system for cases related to sexual assault, should the Bill be passed, will include the introduction of evidence recording hearings for vulnerable people, which can be tendered as evidence in future proceedings.
The Bill would also allow complainants and witnesses in sexual assault cases to “speak out about their experiences” in a self-publishing format or through a third-party, such as a media organisation, “should they wish to do so”.
Last month, the government announced an inquiry into how the justice system responds to cases of sexual violence, in a bid to improve the experiences of victims and survivors.
The government has committed $14.7 million to the First Action Plan of the National Plan to End Violence against Women and Children 2022-203, a plan which the inquiry falls under.
The National Women’s Safety Alliance (NWSA), headed by director Katherine Berney, posted on social media commending the government’s announcement.
“Excellent news today with the introduction of the Crimes Amendment Bill,” NWSA said.
“NWSA and our members participated in numerous consultations to ensure this archaic practice could be removed.
“Someone consenting to previous sexual activity, should not be considered in a rape complaint ever. Great to see this commitment from the government for tangible change.
“Thank you to all our members who participated in our consultations and shared your lived experience – we see you and we believe you.”