Conference papers

Prosecuting sexual assault : the complexities and difficulties

Margaret Cunneen
Deputy Crown Prosecutor, New South Wales

Presented at:
Crime in Australia : international connections
Hilton on the Park, Melbourne
29-30 November 2004

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Abstract

Sexual assault trials have become the most complex matters which come before the criminal courts. Over recent years the complexity of sexual assault trials has been increased by developments in three areas: multiplicity of offences (especially in child sexual assault cases) and of complainants and accused; better investigations of sexual assault allegations, including increased use of physical and electronic surveillance and mobile telephone records; and the proliferation of jury directions and warnings. Problems encountered when prosecuting multiple accused for offences which are part of a series of similar offences already tried or awaiting trial are also examined. Some of these issues are discussed with reference to the highly publicised series of gang rapes which occurred in the Bankstown area in 2000.