This Australian-first study explores the use of sexual violence victims’ private records in criminal prosecutions and how independent legal representation (ILR)—a dedicated lawyer for victims—can protect victims’ private records. We draw on a national survey of 145 sexual violence victims who have experienced a criminal prosecution process, interviews and a focus group with 24 practitioners and an analysis of 14 pre-trial transcripts in court cases where victims’ counselling records were sought. Together, these findings provide insight into how victims’ private records are used in court, the effects this has on victims and why participants believe ILR is needed to enforce protections of victims’ private records.
References
URLs correct as at October 2025
Australian Law Reform Commission 2024. Justice responses to sexual violence. Issues paper 49. https://www.alrc.gov.au/publication/jrsv-issues-paper-2024/
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