Today's decision to discontinue proceedings in the retrial of Bruce Lehrmann for the alleged rape of Brittany Higgins highlights the urgent need for changes to the way evidence is presented in sexual assault and rape cases, and to the way cases are reported in the media.
Family and criminal law specialist and advocate for access to justice, Kelli Martin, said even fewer women were likely to report sexual assaults, given the public commentary surrounding this case.
"This is deeply concerning and completely unacceptable", Ms Martin said. "We know that 75% of sexual assaults go unreported. An unintended and tragic consequence of high-profile cases such as this is the heightened concern among many women that they will not be believed or that the impact on them of pursing a matter in court is just too high.
"I am concerned for the hundreds, if not thousands, of women who may make the decision not to proceed with complaints, or even report to police, as a result of today's decision."
The usual practice in cases where a complainant has given evidence and been cross examined in the courtroom is that they are required to testify in person again at the retrial.
"Ms Higgins has been brave and courageous," Ms Martin said. "The media and public scrutiny she had to endure has been deeply concerning. "This case illustrates some of the worst aspects of how sexual assault and rape matters are dealt with in the court of public opinion. That is no place for matters such as these.
"We can only hope that the parties in this matter will be left alone to heal and recover, and that further procedural reforms are enacted to end the victim shaming."
About us:
KLM Solicitors are a family and criminal law firm with four offices in South-East Queensland. The firm specialises in domestic violence, divorce and related matters.
