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Ex-wife of former One Nation adviser calls for rape survivors to be protected in court
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Women’s legal advocates and domestic violence campaigners say more could be done to ensure survivors of violence and sexual assault are not retraumatised by the court process, after the ex-wife of the former One Nation adviser Sean Black revealed her torment at giving evidence at his trial.
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Black was found guilty of rape and three counts of assault last week. His former wife, Tanya, waived her legal right to anonymity to tell the ABC this week that the justice system was in “desperate need” of reform to support rape survivors.
Tanya was cross-examined at length, while Black did not give evidence.
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“I would not put myself through that again,” she told the ABC. “I was the one that was put on trial. That’s not right.
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“It tears [survivors] apart ... The defendant, it’s not compulsory for them to be cross-examined at any point.”
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Tanya said she maintained her composure and calm during the first two days of evidence and cross-examination.
“I was proud of myself,” she said. “But that night I went to sleep and at 11pm I woke up and I couldn’t breathe and I knew I was having what’s called a panic attack.
“I’ve put my head down and I’ve calmed myself down but then my whole body just started shaking uncontrollably.
“And then I had the vomiting and diarrhoea, which pretty much went all night. [The next day] I actually had to vomit during the questioning.”
Advocates warn the experience is too common in the legal system and that courts are intimidating for survivors and witnesses.
The coordinator of the North Queensland Domestic Violence Resource Service, Pauline Woodbridge, said courts still regularly made women give evidence in front of their accuser.
“Courts are designed to be intimidating,” Woodbridge told Guardian Australia. “In the justice system, justice has to be seen to be done.
“For women, turning up in court and having the person they’re frightened of also in court, also giving his own opinion, the court process can be very intimidating. For a woman who has been sexually assaulted within an intimate relationship there are a whole lot of complications that go with [going to court].”
Woodbridge said societal attitudes were often a problem, particularly in jury trials. She said some countries have specialist judges who preside over domestic violence cases, and that would be helpful.
“We’re still very much in victim-blaming mode,” she said. “We say things like, ‘Why was she doing that?’, or, ‘What was she wearing?’. Some of those attitudes are still out there in the community.”
In the past, advocates for women had to ask for a barrier to be put in up court to prevent women from having to face their accuser. Now it is common for women to give evidence via video link.
In Queensland there are specialist civil domestic and family violence courts that provide assistance and education to all parties. But criminal proceedings take place in a more formalised and intimidating setting.
“There is lots that can be done and in this current climate where the extent of domestic violence and sexual assault is being revealed, more and more people are staying this is not acceptable,” Woodbridge said. “We need to be much better educated about what the issues are and what the needs of the client are.”
The Queensland Women’s Legal Service has called for reforms including expert witnesses who could inform juries about the effects of trauma, and lawyers who represent survivors during trials.
