Insight: Feb 27

This week on Insight Jenny Brockie talks to victims, lawyers and judges about what it’s like to go through a sexual assault trial and what needs to be done to improve the system.

This episode will protect the identity of a number of its participants.

Sandy* says her daughter Amy* was 14 when she was raped by three adult men. Initially they wanted justice served and for the alleged rapists to be jailed. They knew it wouldn’t be easy but had no idea what was in front of them.

At the bail hearings, no one thought to get a suppression order put in place and explicit details of the assault were reported in the media. Then before the trial, Amy was told she could be cross examined by up to three defence barristers and that it would be intense. Going into her final year of school, she decided she couldn’t continue with the legal process and dropped the case.

Veronique was sexually assaulted by her half-brother as a child. She went to court but it took five years before he was found guilty. Veronique found the process disempowering and re-traumatising. She thinks the courts are more focused on the accused rather than the victim and that her story was reduced to charges. While being cross examined she was questioned about prior financial dealings which she says had nothing to do with what happened to her.

John Desmond is a Defence barrister who has worked on hundreds of sexual assault cases. He says his job is to act in the best interests of the accused and has no hesitation in telling an alleged victim that she’s lying while he’s cross examining her.

Graham Turnbull, a Defence barrister who works on sexual assault cases, thinks the push towards victims’ rights in court is overall a good thing. He is however concerned that it goes too far and that it could lead to presumed guilt and wrongful convictions.

This week, victims tell Insight that while the process can be traumatising, changes to the legal system have made it easier to go through it in some cases, but often the cross examination process is why some never want to see the inside of a court room.

Sexual Assault & Domestic Violence National Help Line
1800 Respect (1800 737 732)

*Name changed to protect identity

Tuesday at 8.30pm on SBS.