Legal representation for sexual assault victims - Possibilities for law reform?

Braun, Kerstin (2014) Legal representation for sexual assault victims - Possibilities for law reform? Current Issues in Criminal Justice, 25 (3). pp. 819-837. ISSN 1034-5329

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Abstract

In the past, Australian law reform often focused on improving the situation of sexual assault victims in the criminal justice system in order to increase the low reporting and conviction rates for sexual violence. Studies have shown, however, that the reporting and conviction rates for sexually motivated crime have remained low, and that victims who do report sexual assault continue to feel dissatisfied with the way they are treated by the criminal justice system. This article explores the notion of granting sexual assault victims the right to be legally represented when testifying as witnesses at trial in order to improve their experience with the criminal justice system. After considering different types of legal representation available to victims in the German inquisitorial system, it is argued that one form of legal representation, namely legal representation for victim witnesses, could successfully be implemented for sexual assault victims in the Australian adversarial criminal justice system.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 24 Feb 2015 20:38
Last Modified: 23 Feb 2017 00:02
Uncontrolled Keywords: law reform; sexual assault victims; victim support;legal representation
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/26803

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