Calls to change sexual assault laws
Wed 10 October 2007
Michelle McLochlan, Bachelor of Journalism
A Sunshine Coast counsellor wants the State Government to review the courts’ handling of sexual assault cases despite previous legislative changes and strong opposition from defence lawyers.
Recently a man stood trial for groping three women at Alexandra Headland Beach, and in July a senior police officer pleaded guilty to sexually assaulting six women in the Maroochydore watch-house.
Laurel House Sexual Assault counsellor Sharon Anderson says “95 per cent of cases reported are not prosecuted” and as a result some victims are not coming forward to disclose incidents.
"They’re fearful of the legal system and of retribution and they’re scared no-one’s going to believe them,” Ms Anderson says.
The Australian Bureau of Statistics says between 1993 and 2003 the number of reported sexual assault cases increased by 50 per cent. 
But Maroochydore District Court Judge John Robertson says recent reports from the Crime and Misconduct Commission show there hasn’t been an increase in court appearances relating to sexual assault charges.
Ms Anderson says the current legislation is not meeting the needs of victims. “We need more education for our children and our parents and if more cases are reported that’s putting pressure on the legal system,” she says.
In 1999 there were legislative changes in Queensland that required doctors who were notified of abuse to report it to police.
Defence lawyer Damon Locantro says there has also been legislative change where victims of sexual offences get a title of either “a special witness or an affected child”.
“If they fall into the category of either then it’s very difficult for the defence to cross-examine them at a committal hearing,” he says.
“Prior to this legislative change they could always be cross-examined twice,” Mr Locantro says.
Many cases Mr Locantro has dealt with are initiated by schools utilising disclosure sessions, he says. In these environments students are invited to make disclosures of abuse, and school counsellors are required to report any type of complaint or mark on a child.
“It’s taken out of the family’s hands very quickly,” Mr Locantro says.
Recent changes in legislation have also allowed child victims to give evidence through a pre-recorded video link, something Mr Locantro says removes them from an environment that was probably once intimidating.
He says the current legislation has “gone too far to over-protect victims”.
“It’s very easy for them to make an allegation but the defence has lost a very important tool of being able to discover a lot more about the case,” Mr Locantro says.
But Ms Anderson says there needs to be tougher laws and more support groups to encourage people to report offences.
“They’re not being reported because of the social stigma around the offence. Generally in society women and children are not credible factual people,” Ms Anderson says.
Sometimes it takes media coverage of high profile sexual assault cases to encourage victims to make a complaint, ABC online reports.
After allegations of rape were made in 2004 against six National Rugby League Canterbury Bulldogs players, one rape crisis centre says it received an increased number of women reporting sexual assaults in the following weeks, ABC online says.
In 2004 the Federal Government launched the Violence Against Women, Australia Says No campaign.
The campaign featured a series of advertisements, brochures and a website giving detailed information about how to prevent violence against women, but not men.
“This is not an issue that effects women only. Younger men are more vulnerable to sexual abuse then women,” Ms Anderson says.
“There’s also lots of gender stereotypes surrounding what men should and shouldn’t be and a victim of sexual abuse doesn’t fit that.”
Mr Locantro disagrees with the possibility of more campaigns.
“I really don’t think marketing to disclose things is the way to go. I think it places too much pressure in the sense that if things are happening you must come forward,” he says.
Ms Anderson states wider advertising should only be met with more support groups to offer guidance and help to those who have experienced sexual assault.
Ms Anderson says common impacts include not only physical but also emotional effects.
The Australian Centre for the Study of Sexual Assault (ACSSA) says the physical effects include: “Chronic diseases, headaches and eating disorders.”
Emotional trauma also includes: “Low self-esteem, self blame, confusion, denial, self-harm, attempted suicide and post traumatic stress.”
Experts say an assault also impacts on entire families and communities.
The entire family suffers emotional devastation and the costs of sexual assault to our community are huge,” Ms Anderson says.
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