Sexual Assault Legislation Reform

Ms CARMEL TEBBUTT: My question is to the Premier. Can the Premier update the House on the Government's efforts to support victims of sexual assault?

Mr MORRIS IEMMA: I can advise the member for Marrickville that the Government takes the crime of sexual assault very seriously. An example of the seriousness with which we view this crime is our commitment to extensively overhaul the laws to make sexual assault trials easier for the victims and by increasing penalties targeting offenders. The newest initiative will enshrine into our laws a definition of consent, further protecting victims by making it harder for the accused to falsely claim they had the victim's consent. Studies have found that the current definition of consent is difficult and complicated for jurors to understand. It is open to argument and potential abuse by the defence. This initiative will lessen the confusion for jurors and remove the ambiguity by not leaving it to our courts to interpret.

The new initiative will define consent and make it clear what constitutes a lack of consent. These rules will include a provision that a person may not have the capacity to agree to sexual intercourse if that person is intoxicated by drugs or alcohol, does not have the freedom to choose whether to have sexual intercourse if the person is unlawfully detained, unconscious or asleep or is being forced, or put under the fear of force, to consent. Current law allows acquittal in some cases when the accused claims to mistakenly believe that the victim consented, even if it seems unreasonable, such as when the victim physically resists. That is why an objective fault test will also be introduced.

These changes will lessen the anxiety felt by victims when consent is raised during trials. Defining consent in black and white will ensure courts and defence barristers do not transform submission into consent, and recognises that other threats or factors may have been involved. The Government is committed to easing the trauma faced by victims. Our reforms fundamentally have changed the legal system to make it work better for victims by prohibiting an accused from personally cross-examining the complainant, establishing remote witness facilities that allow complainants to give evidence by closed-circuit television, closing the court when the victim gives evidence, reforming jury warnings and directions by judges if there has been a delay in the reporting of an assault by a victim, allowing transcripts to be used in retrials so victims do not have to give evidence repeatedly—

Mr Greg Smith: Another Opposition suggestion.

Mr MORRIS IEMMA: It is good to have bipartisan support. The changes include also creating a duty for judges to not allow improper questions of victims, and recently asking the Bar Association to change its rules to rein in defence barristers and stop them from asking rape victims harassing and intimidating questions. We have introduced also a maximum life term sentence for anyone involved in gang rape. Recent figures from the Bureau of Crime Statistics and Research show a sizeable increase in conviction rates for sexual assault. Last year 49 per cent of people appearing on sexual assault charges in the District Court and the Supreme Court were convicted, with appearance rates also increasing in the Local Court. This is evidence that the reforms are working, and we will continue updating our laws in support of victims.