NSW Courts: New Shield for Sexual Assault Complainants

The NSW government is introducing significant reforms to adult sexual assault trials, aiming to reduce re-traumatisation and curb inappropriate questioning. Beginning in Parliament, these changes will allow recorded police interviews with adult complainants to be used as their evidence-in-chief, mirroring existing procedures for children and cognitively impaired individuals. This shift means victims may only need to recount their experience once, even in the event of a retrial.

A pilot program for "ground rules" hearings will commence in 2027 at Parramatta, Wollongong, and Dubbo District Courts, concluding in 2030. This pre-trial process, currently used for child sexual assault cases, will establish parameters for how complainants are questioned and what topics can be addressed. The aim is to scrutinize proposed cross-examination for relevance and to deter questions based on rape myths.

Further measures address access to complainants' confidential counselling records. While defence teams may still seek access via subpoena, courts must approve such requests, requiring substantial probative value and a significant public interest in admission over confidentiality. Criminal procedure laws will be amended to ensure records are only accessed when necessary. These reforms follow research highlighting the intense scrutiny and judgment faced by complainants in trials.