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The release of a violent serial rapist from prison has led the West Australian government to propose new laws designed to spare children from giving evidence of sexual assaults in court. WA's Attorney General Jim McGinty announced that new legislation would allow videotaped accounts from children in physical or sexual assault cases to become the primary source of evidence. This would rule out the possibility of minors having to relive their ordeals in court, he said. The change to the law, to be introduced into parliament this week, was influenced by the case of Gary Narkle, who was released from jail in April. Narkle, who has sexually assaulted or raped 13 women and girls over three decades, walked free after an alleged victim was unable to face the trauma of giving evidence against him a fourth time. The young complainant testified for the first time in May 2000 at a preliminary hearing, before giving evidence at trial in 2001 which resulted in a hung jury. She was forced to testify again at the retrial in January 2002, which led to a conviction, but Narkle was then freed on appeal because the judge made a technical error in directing the jury. The alleged victim then said she was not able to give evidence in court for a fourth time. Mr McGinty said the new laws would mean initial recorded interviews with police would now be made available to the courts. "The victims in these tragic situations have already gone through more than they ever should," Mr McGinty said. "To put them through the gruelling processes of retelling their harrowing stories in graphic detail on more than one occasion, and often months after the incident, is totally unacceptable." Mr McGinty said the interviews would be conducted by specially trained police and child protection officers in a child-friendly environment. AAP (30-6-2004) |
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