Page 1674 - Week 06 - Thursday, 23 July 2020
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
I note that there has been some evidence expressed by experts in the field regarding tendency and coincidence evidence and a possible risk of prejudice which can lead to wrongful convictions of alleged child sexual offenders because of the complex way the legislation has been drafted. Yes, Mr Hanson, the Greens received the same letter that you did. I and the Greens would recommend that in two years there is a review of the circumstances in which tendency evidence or coincidence evidence about a defendant is admissible in proceedings for sexual offences and whether today’s reforms are truly effective and fair.
I take this opportunity, however, to suggest that the admissibility of tendency and coincidence evidence has possibly not gone far enough and actually should be extended to apply in all matters of adult sexual assault. This is because the same propensity to abuse applies to those who sexually abuse women and adults. They do not do it on isolated occasions. Once they get away with it, they tend to do it again. Many adult victims of an individual defendant may come forward, and being able to establish that there is a pattern of behaviour provides more surety to a court, I would have thought.
I recognise that this bill is specifically designed to address the recommendations arising from the royal commission, but this is an opportunity to remind all of us that there is still some way to go to ensure that all victims of sexual assault can get justice.
You are all aware that I tried during this term of the Assembly to strengthen the definition of consent in the Crimes Act, and I am disappointed that the attorney has not seen fit to bring forward a positive definition of consent before this Assembly, as I understood that he would. I realise that the COVID pandemic has had an adverse effect on the legislation program and may well have stopped this from being achieved before August, but I say clearly that the Greens will not let this important law reform go and will continue to advocate for it in the next Assembly.
It is incumbent on all parts of society to do what we can to protect all members of the society, be they children or adults. It is mainly women who suffer from sexual violence and abuse, and it is incumbent on legislators such as ourselves to strengthen the law where it is deficient. This is a piece of unfinished business that is of some regret to me, as I will be leaving the Assembly.
This legislation also, importantly, secures without a doubt that information gained by clergy in religious confessions about sexual abuse or non-accidental physical injury, where that is being experienced, it has been experienced or there is a substantial risk of it being experienced by a child, is not captured by the entitlement of a member of the clergy to refuse to divulge that religious confession was made or the contents of a religious confession.
This has been a very moot point, but the issue seems to be that specifically requiring reporting ends up diminishing the risk that once abuse is disclosed in a confessional, the confessor feels absolved in some way. Historically, what has happened in practice is that this has allowed the abuse to continue as the offender has sought forgiveness
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video