A Ballarat lawyer and victim of sexual abuse says legislative changes to the justice system are needed to give victims a voice in court.
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Ingrid Irwin, lawyer for Ballarat survivors during the royal commission into child sexual abuse, said victims should be represented by a lawyer in criminal sexual assault cases and the test of proof should be lowered.
Her calls for change come after the High Court quashed Cardinal George Pell's convictions of child sexual abuse on Tuesday.
"Some people thought this case was going to be the case of vicarious justice. But really what we need to do is look at why this has happened - it has got nothing to do with the Catholic Church or George Pell," she said.
"What happened in this case is what happens in sexual assault cases 99 per cent of the time."
Ms Irwin referred to a Centre of Innovative Justice statistic that shows there is only a one per cent conviction rate in sexual assault cases in Australia, and that is for cases which make it past the police station.
"There are simple ways we can fix this. In criminal cases, victims do not have a lawyer," she said.
"The prosecution do not represent any clients, they are there to press charges. The Director of Public Prosecutions decides whether a trial proceeds or not. Victims can't complain if it doesn't proceed. It is unfettered power
"The other problem is the legal test for proof is too high. Beyond reasonable doubt for sex assault is too high, because you can always create a reasonable doubt and that is what we have seen happen in the Pell case.
"We need to look at something like the civil standard which is on the balance of probabilities, or maybe we invent a new standard that sits between those two."
Ms Irwin said a victim's lawyer could be funded like Legal Aid and would assist victims to make their statement to the police, negotiate the terms of a suppression order and provide evidence and legal argument in court.
"This is a simple change, it doesn't change the police role or defence counsel role, it is just adding one more lawyer in the mix," she said.
Ms Irwin has written to Premier Daniel Andrews, Attorney General Jill Hennessy and Victims of Crime Commissioner Fiona McCormack.
"The whole model is wrong and it just keeps producing the same result," she said.
"Why on earth would we tell people it is still a good thing to come forward to the police when the process doesn't work? The legislative change needs to happen first.
"The Pell case is quite typical. There is nothing surprising about it at all. It is sad, I can't stand it, but it is not surprising."
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
