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The Canberra Times
The Canberra Times
Tim Piccione

Record number of alleged sexual offence matters referred to DPP

Police referred a record number of alleged sexual offence matters to the territory's prosecuting office this past year, a report has revealed.

There were 103 alleged sexual offence prosecutions commenced in the ACT Magistrates Court in the last financial year, according to figures from the latest Office of the Director of Public Prosecutions annual report.

That number is up 17 per cent on the previous year. The 58 matters started in the Supreme Court in 2022-23 is up 130 per cent.

The figures follow the territory strengthening its consent laws in May 2022, when affirmative consent was clearly defined in the Crimes Act.

The legislation was updated "to align with contemporary community understandings and expectations of consensual sexual activity", ensuring consent must be sought and given.

Acting Director of Public Prosecution Anthony Williamson SC said the legislation change introduced a new "communicative consent".

"The impact of the new law has been immediate, with it having a material effect on the way in which a prosecution's 'reasonable prospects' test is applied to sexual offence matters," Mr Williamson said in the report.

Acting ACT Director of Public Prosecutions Anthony Williamson SC, who says affirmative consent laws have had an immediate effect. Picture by Keegan Carroll

The previous model entitled an accused person to an acquittal of a sexual offence charge if it was accepted they honestly and genuinely, albeit unreasonably, believed the complainant was consenting.

Of the 76 alleged sexual offence matters completed in 2022-23, 49 of them were proved.

Prosecutors spent 145 days in trials for alleged sexual offences in the past year, more than doubling the previous year's total.

Mr Williamson also acknowledged the effect of the recent Board of Inquiry on the office.

"The inquiry has generated intense media interest which has put the operations of the ODPP under the spotlight, being a matter not lost on staff within the office," he said.

"I am incredibly proud of the way in which all staff have continued to operate in a highly professional and diligent manner during what has been a difficult time."

Mr Williamson was appointed to the acting role in May, amid the inquiry which made damning findings against former top prosecutor Shane Drumgold SC and his conduct during the trial of Bruce Lerhmann.

The prosecuting office's annual report further detailed the 604 matters of alleged family violence matters commenced in the territory's courts in the past year.

While that figure is down from the previous year, the number of matters completed, 628, was a 30 per cent increase.

The number of family violence matters proved, 440, was a 16 per cent increase on the previous financial year.

Alleged family violence offences made up 44.3 per cent of all assaults reported to police in the same year, according to the ACT Policing annual report.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525.
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