'The victim is fair game': Sexual assault victims' confidential counselling still being used against them in court

"The inconsistent application of the law, and ignorance about what constitutes counselling continues to allow criminal defence teams to use highly personal information for cross-examination to make the victim look like a crazy, vindictive liar,'' said Ms Sarkozi who is WLSQ's Practice Director and Law Reform and Education Counselling Notes protect lawyer.

"Lawyers for victims is about the victim having someone on their side, acting in their client's interests,'' she said. The information can be used during cross-examination by defence counsel who are best ensuring their client has a fair trial, she said. Current legislation does not stop defence from applying for the records and once it reaches court a judge may admit the information because of its "substantial probative value" as evidence, she said.

She said the two police officers who took her complaint were "phenomenal", as was her victim liaison support officer, however, she felt isolated and vulnerable while giving evidence.

Victims need better protections from the law being manipulated to get a perpetrator off…smart lawyers while useful can also be the biggest hinderance to genuine justice for victims…believe me I know!

Lawyers can be bastards who play the adversarial game with other Lawyers, and don't care about the victims true welfare or rights. A Lawyer will happily represent a guilty criminal for money, and will lie under Oath in a Court of Law, to get them off. Justice yeah? Naah, not 😕

which idiot gave up counselling notes without a subpoena? 'consent' forms are not informed consent

Tension between getting to the truth and onus to prove. Issues of procedural fairness.

Interesting

What the actual fuck?

WTF?

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