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Legislative Assembly for the ACT: 1996 Week 7 Hansard (20 June) . . Page.. 1977 ..


MR MOORE (11.49): Mr Speaker, it is a pleasure to follow the rather eloquent speech of Ms Follett in dealing with this issue. I would like to lend my voice in support of all of the things she raised. Ms Follett mentioned that the law reform that has been part and parcel of the Assembly since its early days was an area of agreement between the major parties. I would like to add to that that, as my recollection serves me, all the reforms that have come through the Community Law Reform Committee have also had my support. I will continue to support appropriate rational reform that is about ensuring that people are empowered. That is part of the issue that we are dealing with here. Appearing before a court in any circumstances, for the vast majority of people, is a disempowering experience. To have been a victim of sexual assault and then to have the extra ordeal of appearing before a court is indeed a very difficult thing. It seems to me that it would be difficult enough, even with closed-circuit television, to deal with those sorts of issues and confront the questions that must be going through one's mind at the time. How can any of us know?

Mr Speaker, I am aware of a number of people who have been sexually assaulted and decided not to go through the judicial system. They decided that it would be less painful simply to avoid it. Under those circumstances, the perpetrator is let off. The greatest concern about that is that it may well be that such perpetrators believe that they can then continue in that sort of behaviour either with the same individual or with other people. Each move that we can make that still allows appropriate judicial process but in circumstances that are empowering or less disempowering for people is an important move. That is fundamentally what is behind this sort of legislation and why I support the introduction of this legislation. I congratulate the Minister for introducing it in a timely manner.

MR OSBORNE (11.52): I will be very brief. I would just like to follow on from what Ms Follett and Mr Moore have said. I remember a number of occasions whilst working in the police force when victims of sexual assault refused to go through the court process because they were afraid of having to face their attacker once again. I think that this legislation is long overdue. Sexual assault must be one of the most distressing forms of crime committed against a person. I think that any way we can make the process of going through the court easier is worth while. I will be supporting the Bill wholeheartedly.

MS TUCKER (11.53): The Greens will also be supporting this Bill. I agree with what everyone else has said. It is long overdue. There does need to be sensitivity to the revictimisation of people. This is a measure which addresses that to some degree, although cultural change right across the board in the police force still needs to be worked upon.

MR HUMPHRIES (Attorney-General) (11.53), in reply: Mr Speaker, I thank members of the Opposition and the crossbenches for their support for this legislation. As Ms Follett indicated, it is a matter of some pleasure that there should be consensus on these matters and that we can proceed, hopefully, to maintain consensus in the way in which we pioneer - we do to some extent pioneer - reforms in the law that facilitate the access to justice that has been the subject of so many reports in recent days.


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