A law change that would prevent child victims of sexual violence from being asked in court if they wanted or "enjoyed" it is due to progress.
It will come as part of a new bill with a raft of other changes aimed at addressing "known issues" in the justice system for survivors of sexual violence, including giving adult victims of sexual violence more say over their automatic name suppression.
The bill, the Victims of Sexual Violence (Strengthening Legal Protections) Legislation bill, will be introduced today.
Justice Minister Ginny Andersen said the bill would improve victims' experiences in the court system.
"Despite past attempts to do this victims still often feel unsafe, retraumatised and like their voices are not being listened to. These changes will make a real difference.”
“Child victims of sexual violence can be further traumatised when giving evidence at trial. Being asked if they wanted or even enjoyed the sexual activity is damaging and just plain wrong. We are amending the law to ensure that the question of consent is not relevant when a child takes the stand.
“We are also increasing the maximum penalty for the offence of sexual connection with a child to 20 years’ imprisonment so that it aligns with that of sexual violation.”
The bill also strengthened automatic name suppression settings, she said.
“The settings are there to protect victims’ privacy, but not everyone wants or needs protection in this way. It’s important that victims have the right to speak out about their experiences, should they choose to. These changes mean that our justice system will support that choice.”
The Government would also introduce three pilot programmes aimed at delivering "immediate, meaningful improvement" to victims' experiences in the criminal justice system, and make changes to provide better access to financial support for victims.
It would pump more money into the Victim Assistance Scheme, making about 10,000 more grants available to victims of serious crimes. It included increased financial support for homicide victims and their families, a dedicated counselling grant for victims of serious crime, and an increased hourly rate available for counselling for victims. It also included a new grant for victims of sexual violence.
The pilot programmes, first announced in April, were underway, Andersen said.
One pilot programme was aimed at ensuring victims’ views were heard when bail decisions were being considered for a defendant.
Another was aimed at improving the experiences of child witnesses in sexual violence cases and provided specialist training for staff supporting them.
The third aimed to improve safety planning and coordination for victims of serious crime.
The pilots will run for a year, with a final evaluation in July 2024.
“By focusing on the areas that victims themselves have told us are not working, these pilots can make a real difference on the ground right now and inform a more victim-focused justice system in the long-term,” Andersen said.
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