The Australian Institute of Criminology has published new research on how independent legal protection for victims of sexual assault can protect their private records in court.
- Victims' private records, especially digital communications, medical and therapeutic records, and records of prior sexual experiences, are commonly sought in criminal prosecutions regarding sexual violence matters across Australia.
- Victims' private records are typically sought to highlight inconsistencies in victims' accounts, and motives to lie.
- There is strong support for victims having independent legal representation as a way of protecting their private records by more effectively challenging the rationale for applications to access these records, and to ensure a more procedurally fair experience.
Full report: Protecting sexual assault victims' private records in criminal trials through independent legal representation
Summary paper: How independent legal representation can protect sexual assault victims' private records in court
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