Confidential counselling and medical information from sexual assault victims continues to be used to undermine their credibility in court, despite laws protecting their confidentiality, a Queensland community legal service says.
"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.
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