Department of Judicial Administration (DJA) has begun implementing the regulation on judicial proceedings for sexual offences.
The purpose of the regulation is to specify the proceedings in court regarding sexual offences and the conditions in which the court can issue a sexual assault protection order under the Sexual Offences Act. It also bans the publication of any personal information regarding the victim of sexual abuse.
The regulation states that the court is required to give a verdict in a sexual offence case within six months after it is registered and that the court needs to make a decision on an appeal of a verdict within 90 days. It also states that the court needs to make a decision on a request for a protection order within 48 hours and that it includes official holidays. The court is also required to inform the assailant as soon as possible or inform the parent or guardian if the assailant is between 16-18 years old. The regulation also requires the court to hold hearings while keeping the victim and the assailant in separate locations of the court premises and to proceed in a way that the victim does not see the assailant. It further states that the mental health of the victims needs to be prioritised while giving their testimony or undergoing cross-examinations.
Additionally, the regulation states that the court needs to prioritise the safety of minors who give their testimonies. As such, their testimonies need to be taken in an environment that is outside of the court premises, in a place that is familiar to the minor in the presence of a trusted individual. The video and audio recordings of the minor taken in the presence of a social worker can be admissible as testimony. Parties involved in the case can question the minor through a court-appointed third party and the court has the authority to postpone questioning if the minor feel uncomfortable. The court will be allowed to resume questioning after it determines that the minor is mentally fit to give their testimony.