Sexual assault victims from non-English-speaking backgrounds are getting inadequate access to interpreters when reporting to Queensland police, according to submissions to a parliamentary inquiry.
The Gold Coast Centre Against Sexual Violence says victims can be denied justice when it is left to a police officer to determine someone's understanding of the English language.
"Just because someone can say their name and address and what they do for a job doesn't mean they've got enough English to participate [in a police interview]," said director Di MacLeod.
"The accused, or a suspect, has a very clear right to [an interpreter] but it's not so clear in relation to complainants of sexual violence.
"We can't leave it up to an individual officer to make an assumption about whether someone needs an interpreter or not."
A Queensland parliamentary inquiry examining support provided to victims of crime has finished two weeks of statewide public hearings.
Ms MacLeod's organisation, the Brisbane Rape and Incest Survivors Support Centre, and the Queensland Sexual Assault Network all submitted to the inquiry that victims from non-English-speaking backgrounds faced greater difficulty at all levels of the criminal justice system.
Victims 'let down'
Ms MacLeod said many of her organisation's clients, for whom English was not their first language, had been let down by the system by not having access to an interpreter when first reporting a sexual assault.
"In one case a police officer who was conversational in the language [of the complainant] was used to take the statement," Ms MacLeod said.
"As that proceeded through the criminal justice system it ended up falling out because there just wasn't enough detail in the evidence to progress.
"We've had an example of police using Google Translate. It's 2023, I don't think we need to be relying on those types of solutions."
Ms MacLeod said cases such as those could have wide-reaching consequences.
"When someone reports to the police they're willing to engage with the criminal justice system and want to see that offender held accountable," she said.
"If that case goes nowhere then we're giving that offender a free pass, which is concerning not just for that woman but for the rest of the community as well."
Queensland Sexual Assault Network secretariat Angela Lynch said concerns about a lack of access to interpreters for victims of sexual violence had been raised by members across Queensland for decades.
"It's police officers making an assessment that a victim of violence can understand what's being said and has good enough English to make a statement," Ms Lynch said.
"It really is a breach of human rights.
"Everyone has the right to communicate, to go to a police station and say that they have been a victim of sexual violence and to have that pursued."
Calls for legislative reform
Queensland's Human Rights Commission also made a written submission to the parliamentary inquiry, saying the Human Rights Act meant all victims of crime must be treated with respect and without discrimination.
It added that not providing an interpreter to a non-English-speaking victim could breach anti-discrimination laws.
The Queensland Police Service Operating Procedures Manual states officers investigating sexual offences should ensure, "where available", that a translator is present "where a victim is not conversant with the English language".
A Queensland police spokesperson said officers could use an accredited interpreter, a police liaison officer, multi-lingual police staff or family or friends to "facilitate initial communication with a client to determine the situation".
"In instances of major crime, complex legal matters and court proceedings, NAATI accredited interpreters must be engaged," the spokesperson said.
"Cost is never a factor in deciding whether an interpreter is used."
Queensland police did not answer specific questions about whether it was appropriate for multi-lingual officers to take victim statements, or whether it was appropriate for an online translation tool to be used.
Queensland police said it was the responsibility of the investigating officer to determine the need for an interpreter, either in-person or over the phone.
"Where there is any doubt a client may be disadvantaged … a professional interpreter should be engaged," the spokesperson said.
Ms MacLeod said she hoped the inquiry would recommend legislation to guarantee access to interpreter services for victims and witnesses to crime.
"We need to have a clear guideline that says it's not just ethical but it's legal that they need to have an interpreter right from the beginning when they start to converse with that officer," she said.
The Queensland Parliament's Legal Affairs and Safety Committee is due to table its inquiry report on May 19.
