Open letter: Give sexual assault survivors the right to pre-record evidence
Today sexual assault, community legal, family violence and women’s health services have united to call for the Victorian Government to implement court reforms to enable pre-recorded evidence for sexual assault complainants.
18 organisations have signed onto the open letter that highlights how the current court rules cause unnecessary harm and distress; and has detrimental impacts on rape survivors’ wellbeing, healing and recovery. They say there’s an established reform roadmap to improve outcomes, and the Victorian government needs to get on with actioning it.
This reform was recommended to the government in 2021 through a Victorian Law Reform process; and was echoed again by the Australian Law Reform process in 2025. The Victorian Government has still failed to act on these recommendations.
Jacinta Masters, Campaign Manager with Fair Agenda states that: “Independent legal experts have now told the Andrews / Allan Government on two separate occasions that the rules limiting how adult survivors can record their testimony need to be updated to stop compounding harm to survivors. The survivors this rule harms have already been put through so much – the least the government can do is stop the court process compounding their trauma and delaying their healing. These rules are already in place for children; and for adults in Queensland and the Northern Territory - it’s time for Victoria to catch up.”
Lived Experience Advocate ReMecca Hall states that: “When I gave evidence in court, I was asked to recall traumatic events years after they occurred, while every detail was scrutinised. A small mistake about an exact date from two years ago was used to challenge my credibility. If I had been able to pre-record my testimony, I could have given my evidence much earlier, when my memories were clearer, and avoided the harm and disadvantage caused by having to wait years for the trial.”
Lived Experience Advocate Marita Forsyth states that:“My experience as a victim‑survivor demonstrates that Victoria’s current criminal trial processes cause avoidable and profound harm, including a five‑year delay from reporting to trial in my case, repeated disclosure of deeply personal abuse, and adversarial cross‑examination that fails to account for the realities of trauma. Despite being well supported by mental‑health professionals outside the justice system, these processes significantly exacerbated my PTSD and led to periods of acute psychological distress and suicidality. I urge the Victorian Government to act now to introduce legislation enabling pre‑recorded testimony close to the time of reporting as a critical and achievable step toward a more trauma‑informed system.”
Kathleen Malzahn, CEO of Sexual Assault Services Victoria states that: "It can take years for sexual violence matters to reach trial and during that time survivors live with the anxiety of knowing they will be called on to re-count what might be one of the worst experiences of their life. This can be re-traumatising and it certainly doesn't give people the best chance to recover.”
Kerriann Campbell Jones, CEO of The Sexual Assault & Family Violence Centre states that:“Allowing victim survivors of sexual assault to pre-record their testimony ahead of trial would give survivors greater agency and control while helping reduce the risk of re-traumatisation through the court process. For survivors in rural and regional communities, where barriers to disclosure and accessing support are already significant, reforms like this are an important step toward a more accessible and trauma-informed justice system.”
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2026-03-19 11:24:27 +1100
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