Abstract
<jats:p>This report presents the findings from the first Australian study to explore how problems with the access to and use of sexual assault victims’ private information—such as counselling or medical records, digital communications or information related to prior sexual experiences— arise in criminal prosecution processes. The study considers what legislative provisions exist to prevent or limit the disclosure of victims’ private records in criminal prosecution processes, and whether and how victims’ private records could be better safeguarded, including through independent legal representation (ILR). The project also considers how ILR might impact sexual assault victims’ experiences of procedural fairness and substantive outcomes. The report is informed by a nationwide survey of 145 sexual assault victims, interviews and a focus group with 24 practitioners and stakeholders supporting victims, and an analysis of 14 pre trial hearings from Queensland and New South Wales where applications to the court sought to access victims’ confidential communications and question victims about them. The project uncovers problems with the routine access to and use of victims’ private records in criminal prosecutions as a basis to undermine and challenge victim credibility. It generates insight into why and how victims’ private records are being sought, disclosed and used against them and the resultant effects on victims’ retraumatisation, procedural experiences, reluctance to seek counselling support, and recovery and healing. The project reveals how trauma informed ILR can better protect and empower victims who engage in criminal prosecution processes. Note on content: This report contains victims’ accounts of sexual assault and suicidal ideation as well as discussion of historical child sexual abuse.</jats:p>