Allegations of Sexual Abuse
	False Allegations - Index Opinion and Discussion - 2006
	The Press May 27 2006 Possible solutions to how rape cases are tried Victim-support workers and lawyers are calling for a taskforce to look at alternatives for how sexual assaults are tried. Options include: * Replacing our adversarial system with an inquisitorial system. A judge is presented with evidence from both sides. There is no jury to convince and the accused's right to silence is removed. Victoria, Australia, uses an inquisitorial court process and specialist courts. * Specialist courts for sexual assault as they have in South Africa. New Zealand already has dedicated courts for youth, young drug offenders and families. A taskforce in New South Wales also recommended specialist courts in a report to the NSW Attorney-General earlier this year, among other measures. * A restorative-justice system, where the two sides are brought together by a facilitator and reach a mutual agreement. * Introducing a positive standard for sexual consent, as in Canada. To prove rape, the Crown has to prove the sex was non- consensual and that the accused could not have believed on reasonable grounds that there was consent. Canada's criminal code adds a further provision. If the accused runs the defence that they believed they had consent, they must show whether or not they took reasonable steps to ascertain that consent. Example: "I asked and she said yes." * Do you have a story to tell? Phone Yvonne Martin on 364-8494 ext 767, or email [email protected]