Cops, courts need to ‘do better’ to achieve justice for survivors of sexual violence, Australian Law Reform report finds

A scathing review into how Australia’s justice system responds to sexual violence has found it is not trusted and underused by victim survivors, with the central law reform body urging federal, state and territory governments to “do better”. The landmark report from the Australian Law Reform Commission, tabled on Thursday, said the criminal justice system had a “long way to go” to ensure justice was achieved for people affected by sexual assault, abuse and harassment. The report described sexual violence as an “invisible” crime that’s often not “recorded, recognised or renounced”, citing statistics that nine out of 10 women did not report their most recent experience to police. In certain jurisdictions, up to 85 per cent of reported incidents fail to proceed to a charge. “The statistics are a striking illustration that this serious harm can frequently occur without leaving a trace on the justice system,” the report said. “People who have experienced sexual violence often shoulder the harm’s impacts without having the opportunity for a just outcome. “People who commit it face no consequence for their actions.” Domestic Violence helplines The 664-page report made 64 recommendations in order to remove barriers and increase engagement with the justice system, and improve the accountability and processes of the legal system deals sexual violence cases. This includes a national review of victims’ charters to enact a key set of rights for victims, and mandated or recommended training for police, judicial officers, and solicitors, prosecutors, and witness assistance employed by commonwealth, state and territory Directors of Public Prosecutions. It also called for an expansion of justice pathways and remedies like restorative justice frameworks, which bring the victim survivor and alleged perpetrator to discuss the harm caused and agreed outcome under the supervision of professionals. Currently, only the ACT has legislated the process for sexual offences, however it is offered in Queensland and to a more limited degree in NSW and Victoria. The ALRC also called for a number of reviews to create a consistent national framework around how police should interview sexual violence complaints, and investigate offences, and how complainants and the accused are treated in court. This includes allowing victim survivors to deliver their impact statements using written or prerecorded audio in place of in-person testimony. It also says more research and data needed to be collected and publicly released on how sexual violence cases were reported to police, and how many proceed to a charge, a criminal trial, record a guilty plea and conviction. As an initial response the government has committed $21.4m in funding, with the bulk of funds ($19.6m) set to expand trauma-informed sexual assault legal services to all states and territories, with current trials operating in Victoria, Western Australia and the ACT. The centres will also trial using Justice System Navigators, a recommendation of the ALRC, who are able to guide victim survivors who undergo the criminal justice system, and can advocate and offer support through police interactions, the court process and interactions with prosecutors. The funding package also includes $600,000 to engage academics to address reasons why victim survivors withdraw their complaints, review the supports given during investigations, and probe the scope for an independent complaints mechanism to review police decisions to not pursue charges. A further $1.2m will also be given from 2025-26 to extend the ALRC’s Expert Advisory Group to continue advising federal, state and territory governments on the rollout of the recommended reforms. Minister for Women Katy Gallagher said the immediate announcements would increase access to services, and vowed to continue to work “hand-in-hand with victim-survivors, advocates, and states and territories”. “Far too many women experience sexual violence in their lifetime, and for many, their experience with the justice system can only add to that trauma,” she said. “This report from the ALRC is an important step towards ending that cycle of trauma.” Attorney-General Mark Dreyfus welcomed the report and said its recommendations would be carefully considered to balance the rights of a victim, with a “vital” right to a fair trial. “Seeking justice should not add to the trauma experienced by victims and survivors,” he said. “Victims and survivors of sexual violence deserve to have confidence that they will be safe and supported to report these crimes. “At the same time, it is vital the right to a fair trial be preserved.”