Use of Intimate Photography in Sexual Assault Prosecution: Who Is Being Deterred?

Abstract

Sexual violence is well established as both extremely traumatic for victims and a challenging crime to prosecute, due to the paucity in most instances of corroborative evidence. Physical forensic examination of victims contributes valuable material. However, the use in these examinations of ano-genital photography of victims, which occurs in some jurisdictions and has been called for in some Australian states, raises many questions. Five concerns are identified: (1) the limited value of images as evidence in court; (2) controlling who can gain access to images; (3) creating expectations of “best practice”; (4) the psychological impact on victims; and (5) deterrence to future victims from reporting the crime. The limited uses for and risks of this practice point to the need to constrain its use, to reduce adverse effects for victims and so provide processes that encourage rather than deter reporting to police and giving evidence and so increase the accountability of offenders.