The Australian justice system is failing to support victims in seeking justice and holding perpetrators accountable, according to the final report presented by the Australian Law Reform Commission to the parliament on Thursday. The report, titled, “Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence,” also issued recommendations on how to correct the situation.
In Australia, one in five women and one in sixteen men have experienced sexual violence since the age of fifteen. Notably, First Nations women, women with disabilities, and migrant women are disproportionately represented in these statistics, experiencing sexual violence at a much higher rate.
Despite the frequency with which sexual violence occurs, few people who experience sexual violence decide to engage with the justice system, the report highlighted. For example, less than one in ten incidents of sexual violence are reported to the police and nine in ten women do not report their most recent experience of sexual violence. In some Australian jurisdictions, the report found, between 75 and 85 percent of reports to the police do not proceed to charge and even fewer to court.
A lack of trust in the police, the belief that the police could not do anything, as well as a fear of re-traumatization from recounting experiences, were among the reasons given in the report for under-engagement with the justice system.
As the ALRC President the Hon Justice Mordy Bromberg stated:
Overwhelmingly, people who have experienced sexual violence do not engage with the justice system for understandable reasons including fear, lack of trust or lack of information and support. The community rightly expects, and the rule of law requires, a justice system that is safe and accessible, yet we heard time and again from people who did not trust the system enough to engage in the first place or were let down when they did.
Amongst other things, the report’s recommendations focused on fixing the criminal justice pathway to ensure a safer and more supportive environment for people who have experienced sexual violence. For example, extending the option of pre-recorded evidence hearings to all complainants of sexual violence, to avoid the risk of re-traumatization through giving evidence live at trial. The report also recommends prohibiting cross-examination by unrepresented accused persons across all Australian jurisdictions.
Further, the report recommended providing all complainants with access to independent legal advice and representation, given the unique position complainants of sexual violence are in, as compared to other complainants. As the report notes, complainants of sexual violence must “endure greater challenges to their credibility” and “overcome entrenched laws and attitudes.”
The report, however, made clear that the reforms could be implemented without “compromising the fundamental rights of an accused person to a fair trial.”
The federal government is yet to respond to the report’s 64 recommendations. However, it has announced AUD 21.4 million (approximately $13.5 million) to implement the more immediate steps such as funding for sexual assault legal services across the country.
The ALRC inquiry, announced by the Australian Attorney-General, Mark Dreyfus on January 23 2024 is part of stage one of Australia’s efforts to improve sexual violence laws. Stage two is set for 2026 and 2027 and will focus on the design and effectiveness of new types of criminal trials aimed at early intervention and prevention.
