Gerard Webster, director of the Sexual Assault Counselling Service in Darlinghurst, considers the current criminal justice system serves defendants by placing a heavy burden of proof on victims of sexual assault. The onus is on the victim to establish that guilt of the perpetrator. The pressure is on the victim to find evidence to the highest standard in the land. Pilkinton added that past law reform commission inquiries which looked at confidentiality for therapists produced no changes to the law. If the law and court proceedings reproduce societal values, it is clear that some confidential relationships are more valued than others.
Priests allow people to unburden themselves in the confessional.
Theoretically, under the NSW Evidence Act, a priest could be called to give evidence in criminal proceedings. However, it is unlikely in practice because of statutory privilege and under canon and civil law. Similarly, lawyers enjoy a high degree of protection, based on the notion of a fair trial. Certain aspects of the lawyer and client relationship are protected under the NSW Evidence Act and in common law, although a court could override legal professional privilege. The incarceration of Di Lucas and the ensuing public attention demanded an official government response.