|
Recent changes in the law
Abolition of the Statute of Limitations in South Australia was successfully
lobbied for by community groups, including ASCA (SA) which took a leading
role in seeing the law changed. The change means that survivors can now
report childhood abuse even if it occurred prior to 1982 (the previous
cut-off date) to the police and seek justice through the courts if they so
wish.
Changes to the laws regarding Preliminary Hearings in Western Australia mean
that in the majority of cases, victims are required to testify only once at
trial. With children, in general a video will be made at the child's first
interview with the police and this will be used throughout the case so that
the child does not have to appear in court.
The laws surrounding the reporting of child abuse have changed in recent years. Here are two of the most relevant changes:
 Since 1986, it is no longer required under the law to have witnesses and/or other corrobrating evidence in order to bring a charge of sexual abuse.
Traumatic amnesia: ASCA has been advised that, if a person's memories have not been recovered independently, then right from the outset that evidence will weaken the alleged victim's position in bringing about a charge of abuse. In the Director of Public Prosecution's view, independent traumatic amnesia excludes the use of hypnosis, EMDR or any other 'overt' therapeutic intervention.
The following paper outlines those laws of evidence that have had significant impacts upon procedures in sexual offence trials and on victim-complainants' experiences in court. It provides an accessible introduction to the current status of the laws governing penetrative secual offences in each Australian state and territory jurisdiction to allow sexual assault workers, counsellors and victim complainants to understand more readily the relevant criminal law in their particular state.
Heath, Mary: The law and sexual offences against adults in Australia. Issues, No 4, June 2005, Australian Centre for the Study of Sexual Assault.
| 
