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Specialist courts needed for sexual assault cases, Lloyd Babb tells royal commission

By Rachel Browne
Sydney Morning Herald
July 15, 2014

http://www.smh.com.au/nsw/specialist-courts-needed-for-sexual-assault-cases-lloyd-babb-tells-royal-commission-20140715-zt7kd.html

"Open to any ideas": Attorney-General Brad Hazzard.

"It is a way of facilitating, ensuring that questions are age-appropriate": Director of Public Prosecutions Lloyd Babb.

Sexual assault cases should be heard in specialist courts, the NSW Director of Public Prosecutions told the royal commission into child sexual abuse on Tuesday.

Lloyd Babb, SC, said sexual assault cases comprise almost a quarter of the office’s work but deserve sensitive handling due to their nature.

He told the royal commission it was his opinion that such cases be dealt with by specialist prosecutors in dedicated courts.

“These things in my view should be considered very closely - specialist sexual assault courts and, in particular, child sexual assault courts,’’ the Director of Public Prosecutions told the Royal Commission into Institutional Responses to Child Sexual Abuse.

“I believe that some judicial officers, some prosecutors, are better, more compassionate, and just better at conducting these matters.”

He said some jurisdictions in the United States have specialist courts for hearing sexual assault cases.

NSW Attorney-General Brad Hazzard said he would consider a proposal for specialist courts once the royal commission hands down its findings.

''The state government is open to any ideas that would improve the circumstances for victims of child sexual assault including looking at the issue of dedicated courts,'' he said.

''It would be wiser for me as the Attorney-

General to wait for the recommendations of the Royal Commission.''

Mr Babb told the royal commission NSW could consider allowing child sexual assault victims to use intermediaries to help them with proceedings, as is the case in England and Wales. 

“It is a way of facilitating, ensuring that questions are age-appropriate and understandable to the complainant where the complainant is still a young person,’’ he said.

Mr Babb said it was also worth considering joint trials in cases where there are multiple complainants.

He acknowledged that a number of proposals that might help sexual assault victims were “resource intensive”.

When asked by counsel assisting Caroline Spruce whether the DPP should have a dedicated unit to deal with child sexual assault matters, Mr Babb replied: “At present we are just not funded for a specialist unit.”

However, he said there had been a number of positive changes to the legal system over the past 10 years that have encouraged victims of sexual assault to speak out.

“People are more willing to come forward now and complain of sexual abuse,” he said.

“Part of that willingness stems from, I think, greater acceptance within the community of the existence of child sexual abuse and part of it lies in some of the changes within courts that have made it a little easier to go through the criminal justice process.”

Mr Babb was giving evidence at the commission's hearing into Swimming Australia and its response to allegations of child sexual abuse.

The hearing, before chairman Justice Peter McClellan, is scheduled to finish on Wednesday.

 

Contact: rbrowne@fairfaxmedia.com.au




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