More than 40 years ago, law-makers began listening to sexual violence victim-survivors, advocates and activists when they explained that the traditional criminal law and criminal trial were not serving them well.
In NSW, the Crimes (Sexual Assault) Amendment Act 1981 (NSW) was the first of many statutes introduced to address the gendered biases of the law. This included the unacceptable treatment of victim-survivors when giving evidence that was characteristic of rape trials.
In 2023, on paper, the laws governing offence definitions, evidence rules and trial procedure are very different from those that operated in the 1970s. But how different are things in practice?
