Victoria: Sex assault victims hopeful for state reform

Survivors of sexual assault have welcomed a state government “finally” agreeing to strengthen laws around confidential counselling records and pre-recording of evidence.

Victim-survivor Brittany Higgins was among a group of advocates who signed an open letter sent to Victoria’s premier and attorney-general on Tuesday calling for stronger protections for complainants.

The letter, written by Animal Justice Party MP Georgie Purcell, called for a range of reforms including a right for all sexual assault complainants to pre-record their court evidence.

It also suggested stronger protections over victim-survivor’s confidential communications, including medical and counselling records, which can be subpoenaed by defence without their knowledge.

Attorney-General Sonya Kilkenny confirmed to AAP the government planned to pursue the reforms.

“Victoria has some of the strongest legal protections for victim-survivors in Australia but there’s always more to be done,” Ms Kilkenny said.

“That’s why we will strengthen the laws around use of pre-recorded evidence and counselling note confidentiality - and I’ll continue speaking with victim-survivors and experts on how to do that.”

The reforms were among a suite of recommendations floated by the Australian Law Reform Commission in a 2025 review, and the Victorian Law Reform Commission in 2021.

Improving complainant wellbeing and the quality of evidence were among the benefits of pre-recorded evidence, cited by the authors.

Ms Purcell welcomed the government’s response, but pointed out that the reforms had been on the table for some time.

“This is not a new discussion, and it is a relief the government has finally acted,” the state MP said.

“Victim-survivors have been asking for these changes for a long time, now they are finally being listened to.”

Ms Higgins - whose counselling records were subpoenaed during the criminal trial of her alleged rapist Bruce Lehrmann - said the changes would reduce harm to victim-survivors when seeking justice.

“The reality is that for many, the legal system feels less like a pathway to justice and more like a second site of harm,” she said.

“Until we meaningfully reduce the risk of re-traumatisation within our courts, we cannot expect people to continue to subject themselves to the legal process.”

Lehrmann has always maintained his innocence and the criminal trial was abandoned without findings due to juror misconduct.

The Federal Court found he did, on the balance of probabilities, rape Ms Higgins at Parliament House in 2019.

The letter also called for stronger and clearer rules around when judges should grant access to sexual history evidence.

Evidence of a complainant’s sexual history is not admissible in Victoria when it is to be used to suggest they are more likely to have consented to the activity in question.

But judges have interpreted the law differently, with some victim-survivors reporting their sexual history being used as evidence, the letter said.