It could soon be easier for survivors of sexual assault to give evidence in the event of a retrial in Canberra, with the ACT government considering rapid legal changes.

ACT Attorney-General Shane Rattenbury is considering allowing recorded evidence from a first trial to be used in a subsequent trial in a bid to stop someone being required to give in-person evidence a second time.

Director of Public Prosecutions Shane Drumgold wrote to Mr Rattenbury about the omission in current laws ahead of the retrial of Bruce Lehrmann, who is accused of raping Brittany Higgins in Parliament House.

The jury in Mr Lehrmann’s original trial was dismissed after it was discovered one of the members had conducted their own research, against the explicit ruling of the court.

Mr Lehrmann pleaded not guilty and maintains no sexual interaction occurred.

Mr Drumgold’s letter to Mr Rattenbury came just days after the dismissal in late October.

He said there appeared to be no rational reason to treat differently witnesses who gave evidence in court compared with via video-link.

“In other words, there appears to be a structural cost to a witness choosing to give evidence in a courtroom,” he wrote.

“The recording of evidence ensures that vulnerable witnesses are not re-traumatised in a subsequent proceeding, where possible.”

Mr Drumgold noted the court would maintain the discretion to refuse to admit the recorded evidence to ensure procedural fairness for the accused.

Mr Rattenbury said the consideration formed part of the ACT government’s long-standing commitment to making it easier for sexual assault victims to give evidence while maintaining fairness for the accused.

A draft bill has been circulated to stakeholders. It is expected to come up for debate in the ACT Legislative Assembly in 2023.

A legislative committee will also examine the bill.

“If the bill proceeds, we expect it would be debated in the 2023 parliamentary sittings, to allow for the usual time taken for a committee to consider proposed legislation,” a spokesperson for Mr Rattenbury said.

The ACT Legislative Assembly is also considering laws that would prevent intoxication from being used as a defence by the accused as believing there was consent.

It would also allow evidence of prior violence between the parties to be admissible.

– AAP