Pre-recorded rape evidence to protect victims in sex assault cases

By the Editorial Team · Tuesday, September 22, 2026

New South Wales will trial reforms allowing sexual assault complainants to give pre-recorded evidence in court to reduce trauma from repeated testimonies. These changes, part of a broader initiative by the Minns government, also include limited use of counselling records and new “ground rules” hearings, aiming to better protect victims while maintaining defendants’ rights.

New South Wales is set to introduce reforms aimed at improving the experience of complainants in sexual assault cases by allowing pre-recorded evidence to be used in court proceedings. Attorney-General Michael Daley announced plans to trial these measures as part of a broader initiative under the Minns government to enhance protections for alleged victims within the state's justice system.

The proposed changes, to be presented to the NSW parliament, will permit complainants to provide their evidence once via pre-recorded police interviews, which would then serve as their primary testimony in trials, including potential retrials. This approach aims to reduce the need for victims to repeatedly recount their experiences in court, thereby limiting further trauma. While the reforms would not initially extend to cross-examination or re-examination, a statutory review of the Child Sexual Offence Evidence Program will explore further possible enhancements. The measures are also expected to apply to related domestic violence and elder abuse proceedings.

Daley emphasized the vulnerability of sexual assault complainants and witnesses and the government's commitment to making the trial process more supportive without compromising defendants’ rights. A three-year pilot program introducing “ground rules” hearings will also be implemented. These hearings involve judges overseeing and setting parameters for how complainants are questioned, including restrictions on the length and topics of cross-examination. Similar procedures have been adopted in Queensland, the Northern Territory, and have been in place for child sexual assault cases in NSW.

In addition to these reforms, the use of complainants’ communications with counsellors in sexual assault trials will face new limitations. Under the current system, such records are often accessible through subpoenas. The proposed changes would restrict access, requiring court approval before counselling notes can be used as evidence, aligning NSW more closely with Tasmania’s absolute privilege protections in this area.

Advocacy groups like Full Stop Australia have welcomed the reforms as positive but urged for broader and faster implementation. CEO Karen Bevan described recorded evidence-in-chief as a significant initial step, while advocating for fuller re-recorded evidence options to support sexual assault survivors.

Experts have noted, however, that these reforms address only part of a complex issue. Monash University violence specialist Professor Kate Fitz-Gibbon pointed to the Australian Law Reform Commission’s (ALRC) extensive recommendations, noting that systemic reform must extend beyond courtroom procedures. The ALRC’s 2025 report recommended a comprehensive, whole-of-system approach to judicial responses to sexual violence, encompassing legislative, procedural, and cultural changes.

Former Western Australian Supreme Court Justice Kenneth Martin emphasized the need for broader dialogue on entrenched legal principles in rape trials, including the accused’s right to silence and the standard of proof beyond reasonable doubt. He suggested that longstanding legal traditions should be re-examined to identify possible improvements in the pursuit of justice in sexual assault cases.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.