Survivors of sexual assault are taking the lead demanding these transformational reforms to the court process. They’re particularly advocating for one permanent change — the use of pre-recorded testimony. This program seeks to give victims a greater sense of agency and control over their experience, reducing the re-traumatization caused by standard court processes. At present, only Queensland and the Northern Territory permit pre-recorded testimony. Advocates, most notably the group Fair Agenda, are currently working to roll this practice out to other states and territories in Australia.
It is against this troubling backdrop of patterns found in sexual offence trials that the call for reform has arisen. The analysis, carried out by UNSW Professor Julia Quilter, looked at 75 trials across New South Wales from 2014 to 2020. Most importantly, she exposed the trauma that today’s court procedures inflict on survivors. This places complainants in a position in which many have reported feeling victim-blamed and re-traumatized through invasive questioning.
The Benefits of Pre-Recorded Testimony
Advocates for the use of pre-recorded testimony insist that the practice can have tremendous benefits on survivors. Give victims the ability to tell their story in their own words shortly after the alleged incident. This strategy not only reduces negative health effects but reduces the emotional distress associated with facing an assailant in a courtroom. Advocates claim this method safeguards the complainant’s welfare. It greatly increases their capacity to remember important facts.
Professor Quilter noted, “There are potential improvements in memory because of course the longer we leave something, the harder it’s going to be for anybody to recall the details.” This standpoint highlights the need for timely, delivered testimonies—testimonies that are often pivotal in impacting the outcome of the case.
In-person testimony summons up the power of the moment, but pre-recorded testimony is better for memory recall. It uplifts survivors by centering them in the judicial journey. Tara Hunter, Fair Agenda spokeswoman, described how the current reality of these courtrooms negatively impacts survivors’ mental health. She stated, “Sexual assault is about power and control, and what is happening in the court system currently is replicating that dynamic by taking away victim survivors’ power and control.”
Current Legislative Landscape
Although pre-recorded testimony is growing in use, its application is inconsistent across Australia. In Western Australia, a bill is currently before parliament that would permit complainants to pre-record their testimony, though it requires judicial approval. Victoria has taken important steps to further protect people with cognitive impairments. By 28 December this year, they will be allowed to provide evidence in advance in committal hearings.
Though these are positive piecemeal amendments, advocates say comprehensive, broader legislation giving every survivor the right to pre-record testimony is what’s needed. Jacinta Masters, an advocate for survivor rights, remarked, “What’s missing is the legislation to give all survivors the right to testify on their own terms.”
Children are able to pre-record their evidence in each state and territory. This begs the critical question of why adults at work don’t have the same protections. The Australian Law Reform Commission’s recent inquiry into sexual assault matters similarly recommended that this right should be expanded to adult survivors.
The Personal Impact of Court Processes
As these personal experiences of survivors show just how stark and devastating the implications of current court processes can be on their lives. Amira, a survivor whose sexual assault case went to court three years after reporting the crime—six years after it occurred—shared her perspective: “If I had the opportunity to pre-record testimony, it would have given me some control over what happened, because I felt like prey sitting in the witness box.”
Survivors are still carrying the trauma they received from their experience in the judicial system. Hunter noted how these experiences can lead to significant life changes for young women: “I’ve seen people change schools, drop out, not finish their uni courses. I’ve witnessed so many young women’s life trajectories change.”
The emotional toll doesn’t stop at hard personal experiences — it extends into their relationships too. Hunter went on to describe how courtroom cross-examination often traumatizes survivors. This trauma sometimes affects their ability to engage with the people who want to support and protect them. “It can really impact their relationships in terms of their ability to connect with people,” she said.
Moving Towards Systemic Change
Now, as calls for reform continue to grow, legal experts and advocates from all backgrounds are hopeful that substantial changes may come. Survivors’ advocates say giving survivors more options for testifying is important. This new approach is a big step in the right direction to building a more caring and understanding judicial process.
A spokesperson for the NSW Attorney-General’s office echoed this sentiment, stating, “I think this would be a game changer. It needs to happen because what’s happening at the moment is not working.” This clear recognition of the situation by government actors indicates a swift realization that systemic change is needed.
