The justice system is failing to support victim-survivors of sexual violence

Today in Parliament, Abigail passed a motion highlighting the ALRC’s recommendations on Justice Responses to Sexual Violence, advocating for victim-survivors to pre-record testimony to empower them and reduce the risk of re-traumatisation during trials.

Abigail said:

I move:

(1) That this House notes that:

according to the Australian Institute of Health and Welfare, one in five women and one in 16 men have experienced sexual violence since the age of 15 and despite this prevalence, sexual violence is the least likely violent crime to be reported, investigated, prosecuted and convicted;
according to the latest data from the NSW Bureau of Crime Statistics and Research, 85 per cent of sexual assaults reported to police do not proceed to charge and of the cases that do go to court, fewer than half are proven, and once in court, many victim-survivors report experiencing the justice system as re-traumatising;
victim-survivors of sexual violence are continuously faced with significant obstacles across nearly every stage of the justice system, as well as when accessing support, recovery and healing pathways;
the Australian Law Reform Commission's inquiry into Justice Reponses to Sexual Violence concluded that the justice system is currently failing to support victim-survivors of sexual violence to seek justice or hold those who use sexual violence to account, and recommended that:
- the Commonwealth, States and Territories should enact or amend legislation to provide all adult complainants of sexual offence proceedings with the option of giving their evidence, evidence-in chief, cross-examination, and any re‑examination, at a pre-recorded evidence hearing recorded in the absence of a jury;
- Offices of the Directors of Public Prosecutions in each jurisdiction should adopt guidelines to ensure adult complainants are given a choice to give evidence either at a pre-recorded evidence hearing or at the time of trial, and given information relevant to making that choice;
allowing victim-survivors to pre-record their testimony ahead of trial would empower victim-survivors to have their voices heard through evidence without risking being re-traumatised, and is proven to;
Queensland and the Northern Territory are the only jurisdictions in Australia that currently allow adult victim‑survivors of sexual violence to pre-record their evidence ahead of proceedings; and
over 5,000 individuals have joined Fair Agenda's campaign which calls on Attorneys-General across Australia to ensure that all victim-survivors of sexual assault seeking justice through the court system are able to testify on their own terms.

(2) That this House calls on the Government to:

allow adult victim-survivors of sexual violence to choose how they give evidence in court under conditions of full and informed choice, by ensuring they have access to and autonomy to choose to rely on pre-recorded evidence for evidence in chief, cross-examination and re-examination in a safe and supportive setting;
invest in comprehensive and trauma-informed training for people who work in the criminal justice system and have relevant involvement in sexual violence matters, including judges, lawyers and court staff, to better understand the complexities and realities of sexual assault, including the importance of empowering victim-survivors flexibility and choice over how give evidence;
invest in high-quality accessible facilities and technology for courts, including remote witness rooms, secure evidence storage and recording equipment; and
provide sustainable, long-term funding to services and programs that support victim-survivors throughout the justice system, including a justice system navigator.

Motion agreed to.

Read the transcript in Hansard here.

11 November 2025

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