CONTENT WARNING: This article discusses sexual assault.
In most cases, when a crime is committed, the first instinct is to go to the police. But for victims and survivors of sexual assault, it’s not that simple.
As it stands, victims and survivors of sexual assault don’t feel comfortable seeking out help from the police, with 92 per cent of women choosing not to go to the police after a sexual assault. For those who do, up to 85 per cent of sexual violence reports don’t lead to a charge. In many cases, engaging in the justice system process can cause further hardship or re-traumatisation to victims.
Last year, the Australian Law Reform Commission (ALRC) launched an investigation into justice responses to sexual violence in Australia, and today, they’ve released their final report.
It outlines 64 recommendations to actively address the barriers victims and survivors face when reporting sexual violence, including distrust of the justice system, fears of being treated poorly or lack of access to basic information and support to make an informed decision.
In response, the Albanese Government has tabled the inquiry and announced a package of $21.4 million to improve the legal frameworks, practices, support systems and approaches to justice that currently exist to better support victims and survivors of sexual assault, on top of the $3.9 billion already committed to the National Access to Justice Partnership in 2024.
“Seeking justice should not add to the trauma experienced by victims and survivors,” Attorney-General Mark Dreyfus 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.
“I thank the ALRC for its hard work conducting this inquiry and to all those who contributed to it, especially the victims and survivors who generously shared their lived experience in order to improve outcomes for others.”
So what does this actually mean? Let’s break it down.
What are the biggest takeaways from the ALRC’s final report?
The 64 reform recommendations can roughly be broken down into three main categories:
1. Addressing the barriers to access and engagement with the justice system
Sexual violence is massively underreported in Australia, so one of the biggest tasks from the ALRC’s report is to thoroughly review the barriers to reporting, ensuring victim-survivors can access justice in a safe, trauma-informed and supported way.
This includes providing free and confidential independent legal services to every person who has experienced sexual violence to help survivors navigate which justice pathway suits their needs best, with referrals to those services.
Additionally, the report will see Justice System Navigators assigned to every person who has experienced sexual violence. These are specifically trained workers who will be there every step of the justice system process to provide ongoing support and advocacy. Or, if the victim-survivor decides to go through an alternate justice pathway, the Justice System Navigators will help support them to access those avenues.
2. Improving the criminal justice system’s accountability and justice system processes
While some people had good experiences with the justice system, the submissions received by the ALRC mostly highlighted negative experiences from victim-survivors. Many felt that they “did not receive enough information about their options or how their matter was progressing”; they felt that they “did not have agency, choice or voice” and reported “not being believed” or “being made to feel at fault”.
Others reported that the experience itself was retraumatising, with one submission claiming that “in many ways, my experience with the police and legal system was far worse, and far more traumatic, than the violence I was subjected to”.
After taking submissions from victim-survivors, the ALRC is recommending an overhaul of the system to make the processes less traumatic for victim-survivors. This will also include specific education and training programs for people who work in the criminal justice system.
3. Expanding justice pathways and remedies available for victims and survivors
For many victims and survivors of sexual assault, going through the justice system is not always viable for a heap of reasons. Instead, pathways of restorative justice — offerings from trained professionals that discuss the harm that has been done in an attempt to repair it — are recommended to be offered and available.
The report advises that all states and territories should do what it takes to make restorative justice for sexual violence available.
So, what is the $21.4 million being used for?
In response to the ALRC’s final report, the Albanese Government announced it would invest $21.4 million over three years to help victims and survivors of sexual violence access justice.
This initiative will break down the funds into three priorities:
- $19.6 million will be spent over three years to expand specialist trauma-informed sexual assault legal services. Currently, these services are available in Victoria, Western Australia and the ACT. Now, they will expand to be available Australia-wide, with one in each state jurisdiction. This will also include a trial of non-legal services and further access to restorative justice pathways for those who do not want to go down the legal route.
- $600,000 will be dedicated to addressing the systematic reasons behind the withdrawal of legal complaints and reviewing the support put in place for victims and survivors of sexual assault during the police investigation phase.
- $1.2 million will be used to expand and extend the scope of the ALRC’s Expert Advisory Group to help advise on the implementation of the ALRC inquiry report.
But why can’t these changes be made immediately?
The federal government must work closely with state and territory governments to enact these changes. Plus, with each state and territory requiring complex and diverse applications within civil and criminal justice systems, the changes are not something that can be made overnight.
But that doesn’t mean it’s the first step the government has made to address gendered violence issues. The ALRC has acknowledged that the $21.4 million initiative is adding to the major reforms that have already been established in this area, including the $3.9 billion investment for legal assistance services with the National Access to Justice Partnership, guaranteeing ongoing funding for women in sexual violence, family and domestic violence situations.
What do advocates, victims and survivors of sexual violence think about these initiatives?
So far, the recommendations by the ALRC have been welcomed by advocates in the field.
Leading sexual consent activist Chanel Contos told PEDESTRIAN.TV that the recommendations by the ALRC report was a big “step forward”.
“The focus and funding direction at creating alternative routes of justice for victim survivors is a big step forward for women and all in Australia,” she said.
“I understand this to be a first step of many, noting that even with increasing specialist trauma-informed sexual assault legal services, our legal system relies on the social barriers that discourage victims from reporting in order to not collapse under pressure.”
Lawyer and founder of the Make Police Investigate Campaign, Karen Iles, believes the recommendations are a step in the right direction.
“Today’s announcement of Federal support for victim/survivors to have lawyers advise and represent them is welcome, and will assist the justice system and hold perpetrators accountable,” she said.
Domestic and family violence support organisation Full Stop Australia has also welcomed the report and its recommendations. However, CEO Karen Bevan notes that work is needed to implement the recommendations by the ALRC.
“Embedding training on trauma, the dynamics of sexual violence and culturally safe practice for all actors in policing, courts and the legal system is critical,” Bevan said.
“This must be driven by lived experience and supported by specialist sexual assault services. The perpetuation of rape myths continues to be a retraumatising element of sexual violence proceedings for many victim-survivors.
“We are pleased to see the extension of the Lived Experience Expert Advisory Group established by the Attorney General’s department. It is critical that the next steps in the implementation of these recommendations are led by lived expertise.”
For more information on the ALRC’s report into justice responses to sexual violence, click HERE.
Help is available.
If you’re in distress, please call Lifeline on 13 11 14 or chat online. If it’s an emergency, please call 000.
Under 25? You can reach the Kids Helpline at 1800 55 1800 or chat online.
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