The low conviction rate for sexual assault is increasingly concerning in NSW, with a new report finding only 8 per cent of contemporary child sexual assault incidents reported to NSW police end in a conviction.
The report, released by the Bureau of Crime Statistics and Research (BOCSAR) on Tuesday, found that the number is even lower for reported historic sexual assault incidents, with just 7 per cent of cases ending in a conviction, while six per cent of reported adult sexual assault incidents end in a conviction.
According to the report, the trend “shows no sign of abating and may have become slightly worse in the past decade as sexual assault reports have dramatically increased.”
The report used data from the NSW Police Computerised Operational Policing System (COPS) and the NSW Criminal Courts to monitor the progress of sexual assaults reported to the NSW Police Force in 2018 through the state’s criminal justice system.
The study examined the attrition of incidents, defendants, and charges beginning from the reporting stage all the way through to the sentencing of a proven case.
Attrition rates were tracked separately for contemporary child sexual assault, historic child sexual assault, and adult sexual assault offences.
In roughly 85 per cent of reported sexual assault incidents, no legal action was taken. This pattern was found to be consistent across adult sexual assaults and contemporary and historic child sexual assaults.
“For the small number of matters that do progress to court, challenges persist,” the report said.
Two out of five defendants had all their charges withdrawn by the prosecution — “dismissed due to mental health, or ‘otherwise’ disposed of,” while for the small number of matters that progressed to court, only 41 per cent of defendants had a sexual offence charge proven, either by way of a guilty plea or guilty verdict.
“It is certainly the case that sexual assault reports far outnumber convictions in NSW,” the report found.
In 2022, a total of 9,138 incidents of sexual assault were reported to the NSW Police Force, compared with just 1,016 convictions.
“The low conviction rate among reported sexual assaults has been a consistent feature of this offence in the justice system.”
Reported incidents of sexual assault rose in the last decade by 94 per cent. Meanwhile, the number of defendants found guilty rose up by 72 per cent.
According to the report, the current data “tells us little about the mechanisms driving this high attrition rate”.
Seventy-five per cent of sexual assaults incidents where no formal action was taken had no reason recorded. Where information was given, police indicated in almost half of incidents that no action was taken because “the victim was unwilling.”
“A smaller proportion of matters dropped out at the court phase but our understanding of the reasons for the withdrawal by the prosecution is similarly hampered by poor recording practices,” the report said.
The authors believe that attempts to improve conviction rates for sexual assault should focus on the reporting and investigation phases, given the high proportion of matters that fail to make it past this point.
“Strengthening of cases in the early stages through improved evidence gathering must also occur to ensure prosecutions are successful.”
The authors recommend that detailed information about police and prosecutorial decisions are routinely recorded for all sexual assault matters that fail to progress through the system.
“This is critical to not only developing a better understanding of the causes of attrition in sexual assault matters but also to monitor the success (or otherwise) of any changes in policy or practice designed to address this issue.”
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services.