Victims of domestic violence are to have access to extra protections when giving evidence in court and jurors are to be educated on the complexities of abuse, under proposed reforms introduced into Parliament last week.
Attorney General and Minister for the Prevention of Domestic Violence, Mark Speakman said the reforms would allow complainants in domestic violence criminal proceedings to give evidence in closed courts or remotely via audio-visual link.
“Testifying in criminal proceedings can be overwhelming for victims,” Mr Speakman said.
“Expecting them to give evidence in front of a public gallery, which may include the defendant’s friends and family, can be intimidating and add to the trauma of the court process,” he said.
“Currently, domestic violence complainants can only give evidence remotely after a successful application to the court, but this is not always granted.”
Mr Speakman said the changes would entitle complainants to give evidence remotely should they choose to do so.
He said a new jury direction would state that delayed reporting by a domestic violence complainant should not be viewed as evidence suggesting the allegation is false.
“Domestic violence is a complex crime due to the intimate nature of the relationships between victims and perpetrators,” he said.
“If you were robbed by a stranger, you’d have no reason to delay reporting that to police.”
“But when you’re abused by someone who claims to love you, you have children together, you own property together and you’re terrified of retribution – that’s a very different story.”
Mr Speakman said that by considering these issues, jurors would begin to understand why victims commonly delayed reporting.
The reforms, which amend the Criminal Procedure Act 1986, are part of the Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020.
