Enable victim-survivors to pre-record their full testimony in NSW - Email Labor and Liberal parties

Currently, victim-survivors of sexual assault often have to wait months - and sometimes years - to give their testimony at trial. They are forced to recount one of the most traumatic experiences of their lives in graphic detail, in front of the person who assaulted them and a room full of strangers.

Recent law reforms in NSW do not address this fundamental problem. While police interview recordings can now be used as evidence-in-chief in sexual assault trials, victim-survivors will still have to wait until trial to give their full evidence, including cross-examination and re-examination.

There are also important …

Currently, victim-survivors of sexual assault often have to wait months - and sometimes years - to give their testimony at trial. They are forced to recount one of the most traumatic experiences of their lives in graphic detail, in front of the person who assaulted them and a room full of strangers.

Recent law reforms in NSW do not address this fundamental problem. While police interview recordings can now be used as evidence-in-chief in sexual assault trials, victim-survivors will still have to wait until trial to give their full evidence, including cross-examination and re-examination.

There are also important limitations to relying on police interviews as evidence-in-chief. Police are investigators, not prosecutors, and their interviews are conducted for the purpose of investigating an alleged offence – not preparing a victim-survivor's testimony for trial.

Fair Agenda is continuing to campaign for changes that reduce the harm of the trial process. We want all victim-survivors of sexual violence to have the choice to pre-record their full testimony (evidence-in-chief, cross-examination and re-examination) in a safe and secure setting, close to their support networks and away from the person who harmed them.

Full pre-recorded testimony has many benefits for victim-survivors, including:

Being able to give evidence earlier, before the trial, reducing the harm caused by lengthy delays.
Reducing the trauma of having to recount their experiences in court.
Increasing victim-survivors' choice and agency in the justice process.
Improving the quality and reliability of evidence.

Will you support our campaign and help ensure victim-survivors have the choice to pre-record their full testimony?

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Email Labor and Liberal parties in NSW

85 emails sent

Write to the Attorney General and Shadow Attorney General and call on them to give victim-survivors the right to pre-record their full testimony, including evidence-in-chief, cross-examination and re-examination, to reduce the trauma survivors can experience through the criminal justice process.

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Dear Attorney General Michael Daley and Shadow Attorney General Susan Carter,

I am writing as a NSW resident to ask both the Labor and Liberal parties to commit to introducing full pre-recorded testimony for victim-survivors of sexual assault at the next NSW election.

I recently learned about Recommendation 28 of the Australian Law Reform Commission’s Justice Responses to Sexual Violence report, which recommends allowing victim-survivors to give their full evidence in advance, including evidence-in-chief, cross-examination and re-examination.

I believe this is an important reform that would make the justice system fairer and less traumatic for people who have experienced sexual violence.

Both the Labor and Liberal parties in Victoria have committed to introducing pre-recorded testimony. I would like to see NSW follow their lead rather than fall behind on these important reforms.

There is also evidence from the evaluation of the NSW children's pre-recorded evidence program that this approach can have positive outcomes for the justice system, including fewer appeals and more guilty pleas.

I urge you to make a commitment to introduce full pre-recorded testimony for adult victim-survivors of sexual assault, covering their entire evidence, including cross-examination and re-examination, as an election promise.

This is an important opportunity for NSW to make the justice system fairer and more supportive for victim-survivors.

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