Labor MLA Dr Marisa Paterson challenges ACT government to establish sex offences court

In an open letter to the Chief Minister, the Attorney-General and the Deputy Chief Minister, Dr Marisa Paterson said "victim-survivors' ability to achieve justice through the current justice system in the ACT is deeply concerning".

"Sexual violence remains one of the most under-reported, under-prosecuted and under-convicted crimes in the ACT and nationwide," she said.

To support her call for the dedicated court, she said in her open letter how numerous research studies had shown "victim-survivors of sexual violence who engage with the court system have an overwhelmingly negative experience and are often re-traumatised through the process".

"This needs to change," Dr Paterson explained.

"If victim-survivors choose to pursue justice through the courts, the system should provide a safe environment and ensure victim-survivors are prepared, know what to expect and are able to make informed choices.

"This should be supported by trained legal experts and judiciary who are educated about the drivers, forms and dynamics of sexual violence - trauma-informed court practices - [and] the impact of these crimes on victim-survivors, including how perpetrators may use the system against them."

She said New Zealand had piloted a specialist sexual violence court in 2016, featuring specialist training for judges, lawyers and case managers.

"This pilot program's 2019 evaluation found that cases progressed more quickly, the quality of case review hearings and trials improved, with judges intervening more often to prevent unacceptable questioning," she said.

"Further, better case management and representation led to more and earlier guilty pleas.

"As a result, victim-survivors reported far less trauma associated with the court process."

Similar initiatives had been adopted elsewhere, and Scotland is due to progress with a specialised sexual offences court soon.

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In considering how to create the court, she urged experts, including those with lived experience, to be part of the consultation, design, implementation and evaluation.

In her maiden speech to the ACT Assembly three years ago, the mother of three had described how after the break-up of her marriage, she had been subjected to two years of sexual harassment, stalking and bullying by a prominent New Zealand academic, and how the system had failed her after she made a formal complaint.

The ACT has a dedicated drug and alcohol sentencing list within the Supreme Court and another list for family violence offenders within the Magistrates Court.

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