New South Wales introduces sexual assault trial reforms

The New South Wales government is introducing reforms to adult sexual assault trials designed to reduce trauma for complainants and prevent inappropriate questioning in court.

Under the new measures, recorded police interviews with adult complainants may be used as their evidence-in-chief. This aligns adult procedures with existing arrangements for children under 16 and cognitively impaired individuals. While complainants must still appear in court for cross-examination and re-examination, the use of recorded evidence aims to ensure they do not have to repeat their testimony multiple times, even in the event of a retrial.

Additionally, the government will pilot “ground rules” hearings starting next year at the Parramatta, Wollongong, and Dubbo District Courts. These pre-trial hearings, currently used in child sexual assault cases, are intended to set parameters for how a complainant is questioned. Attorney-General Michael Daley stated the changes aim to help complainants “give their best evidence by ensuring they do not need to tell their story multiple times, and deterring inappropriate and irrelevant questioning in court.”