High Court finds secret recording can be used as evidence in domestic violence case

She said protecting the rights of victim-survivors to record — and use as evidence — confessions of abuse inflicted on them is a major milestone for domestic violence law in Australia."The decision is important as it explicitly recognises that a lawful interest includes a right of bodily autonomy and integrity in the context of recordings," Douglas said."Domestic and family violence is a violation of bodily autonomy and integrity."The influence of the High Court's decision could extend beyond criminal cases, potentially allowing for similar recordings to be used in protection applications, according to Douglas However, it remains to be seen how far courts will allow secret recordings to be used to as evidence against less obvious forms of abuse.Douglas believes, "much of the most damaging domestic and family violence is non-physical, such as coercive control, and this form of abuse impacts autonomy"."I would hope the understanding extends to that."The husband is serving a 9.5-year prison term.If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit 1800RESPECT.org.au