Federal government joins push for specialised sexual assault courts

The federal government’s new scoping study will put pressure on states and territories to adopt specialised court systems to handle sexual assaults in the face of low conviction and reporting rates.

The federal government will launch a new push for all states and territories to have specialist prosecutors and judges for sexual assault cases.

“We can’t assume everyone is guilty,” Sussan Ley, who has been Acting Minister for Women, said.

“But the conviction rate for sexual assault is so low and the reluctance of victims to engage with courts is so high that we have to do better.”

The government will fund a new scoping study to bring together experts to look at the issues facing sex crimes and, by doing so, put pressure on states and territories to adopt specialised court systems to handle these cases.

Acting Minister for Women Sussan Ley. Picture: NCA NewsWire/Gary Ramage

The $400,000 scoping study was included in this week’s Budget after Ms Ley spent days sitting in courtrooms in Sydney and speaking with victims’ advocates and police, including NSW Commissioner Mick Fuller.

“It is a confronting environment and, while there are many dedicated people at every level, we need to ensure we have the services in place victims need,” she said.

This has been a cornerstone of The Saturday and Sunday Telegraph’s Matter Of Consent campaign, supported by Rape and Sexual Assault Advocacy and Research.

Some jurisdictions, like the ACT, already have specialist prosecution units.

“A specialist capability could also incorporate wraparound support services for mental and social support,” Ms Ley said.

“It could work across entire jurisdictions and help ensure women in regional communities have the same opportunities for justice.

“Not through a different court system but through one that gives women and male victims the support they need to tell their story.”

The study will also look at how victims give evidence in court and the legal definition of consent, which varies around Australia.

Ms Ley said the commonwealth was leading the conversation but would work with “willing states and territories”.

Women’s Safety NSW chief executive officer Hayley Foster met with Ms Ley this month and advocated for specialist training of judges and magistrates that hear family and sexual violence cases.

“It has to start with the judicial officers,” Ms Foster said.

“The number one priority when it comes to increasing justice for these victims and improving the experiences going through court and consistent outcomes … is to ensure we have those judicial officers making determinations with a strong understanding of domestic and sexual violence, coercive control and the way in which perpetrator behaviours pattern and manifest. From there, there is a lot we can do to specialise the courts.”

It will ultimately come down to individual state and territories to implement changes. NSW has so far resisted calls for a pilot of specialist sexual assault courts.