Lawyer under scrutiny after questioning teen rape victim

A FEMALE barrister who cross-examined an alleged child rape victim for three days has been referred to the legal regulator by the New South Wales DPP.

The girl was just 13 when she was allegedly sexually assaulted - and not yet 16 when she was cross examined for a marathon three days by high-profile defence counsel Tania Evers in the New South Wales District Court trial.

Now Ms Evers has to defend herself after New South Wales Director of Public Prosecutions Nicholas Cowdery officially complained to Legal Services Commissioner Steve Mark.

She ignored repeated warnings by trial judge David Freeman to rein in her questioning of the young woman. By the fifth week, Judge Freeman aborted the trial, telling the jury that it had "gone completely off the rails".
It means the girl has to go through it all again with the retrial scheduled for later this year.

Should we restrict the questioning of alleged rape victims during trials? Vote in our poll on the right of this page.Judges have no power to put a time limit on cross-examination because that would be grounds for an appeal.
Attorney-General John Hatzistergos has proposed tough new rules to stop barristers intimidating rape victims in the witness box.
A non-publication order on the trial in the District Court in Port Macquarie late last year forbids identification of the accused.
The court was closed to the public when the girl gave evidence.

"Absolute common decency says that to cross-examine a child for three days is inappropriate," said NSW Rape Crisis Centre manager Karen Willis.
"Cross examination is about examining the evidence, not about wearing down the complainant."
Ms Evers, an outspoken advocate for the rights of the accused, said that she had no comment. "I have never heard of a complaint being lodged," she said.
In a speech to a criminal law congress, Ms Evers - a former special advocate at the Legal Aid Commission - labelled as "heavy-handed" legislation that erodes the rights of the accused in sexual assault cases.
Rape victim Tegan Wagner supported Mr Cowdery's decision to challenge the behaviour of Ms Evers.
"Why should anyone have to relive one night's experience over three days? It doesn't make sense," said Ms Wagner, who was questioned by three barristers over three days after being raped by three brothers.
It was public outrage over the treatment of Ms Wagner and the victims of Bilal Skaf that prompted the Government's Sexual Assault Taskforce to look at reforming the law.