This project will consider the operation of sections 97, 98 and 101 of the Evidence Act 2001 in the context of sexual assault cases. The detrimental impact of the criminal justice system on complaints of sexual abuse is well recognised. Concern to lessen the trauma caused by the operation of the court process on complainants has been recognised in Tasmania with the enactment of the Evidence (Children and Special Witnesses) Act 2001. However, other aspects of the criminal justice system continue to cause unnecessary trauma to complainants. The rules governing the admissibility of tendency or coincidence evidence continue to cause difficulties for complainants, prosecutors and judges, particularly in cases of sexual assault involving multiple complainants with some association.

Consideration will be given to the need for amendments to the law in order to lessen the exposure of complainant’s to repeated cross-examination, and to avoid repeated voir dires, appeals and retrials. Consideration will be given to legislation and cases from various jurisdictions, to judicial commentary on and criticisms of the current law and to the work of other law reform bodies in this area.

The topic for this project was suggested by a member of the Board of the Tasmania Law Reform Institute.

An Issues Paper will be released in 2008.

If you would like to receive a copy of the Issues paper, please contact the Institute.