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The Canberra Times
The Canberra Times
National
Daniella White

ACT jurors could be told about paedophiles' past crimes under new laws

Priests would also be forced to give evidence about anything disclosed during religious confession under the laws. Picture: Jamila Toderas

It will be easier for paedophiles' past sexual abuse to be revealed to juries under new laws being introduced by the ACT government.

Priests would also be forced to give evidence about anything disclosed during religious confession.

The laws being introduced into the ACT Legislative Assembly on Thursday are the final part of ACT's criminal reforms to come from Royal Commission recommendations.

They would make it easier for the prosecution to convince a judge to allow tendency and coincidence evidence into child sexual abuse criminal trials.

Tendency evidence is used to show a defendant has a propensity to act in a certain way - for example evidence of past sexual abuse of children.

Currently, this type of evidence is generally excluded from a trial to avoid prejudicing the defendant.

Laws forcing priests in the ACT to report disclosures of abuse made during religious confessionals were passed in 2019.

The new bill would clarify that priests would not be able to use the confessional seal to avoid giving evidence in a criminal trial.

Attorney-General Gordon Ramsay said the changes to evidence laws would support access to justice for victims of child sexual abuse.

"The abuse of a child is terrible crime perpetrated against the most vulnerable in our community and cannot be tolerated. Children are likely to have less ability to report abuse or take steps to protect themselves," Mr Ramsay said.

The Bill would implement the model laws agreed by the Council of Attorneys-General and addresses issues raised in courts regarding persistent child sexual abuse offences.

"This new legislation will improve access to justice for victims of child sexual abuse and the way perpetrators are investigated, prosecuted and sentenced," Mr Ramsay said.

"This recognises the difficulties for children who have been subjected to persistent sexual abuse in identifying specific dates, times and locations when the abuse occurred.

"We will keep working to improve our legal system, and we will keep demonstrating in our words, in our actions, and in our laws that protecting children is our absolutely priority."

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