The justice system is currently failing people who have experienced sexual assault, according to a Final Report of the Australian Law Reform Commission’s (ALRC) inquiry, tabled in parliament today.
The ALRC says that with one in five women and one in 16 men experiencing sexual violence since the age of 15, fewer than one in ten such incidents are reported to police. From there, 75 to 85 per cent of such reports do not proceed to charges, and even fewer go to court.
As such, the ALRC has outlined a roadmap for fixing the justice system, including 64 recommendations for meeting the twin goals of access to justice and accountability.
The Albanese Government responded to the recommendations on Thursday by announcing a $21.4 million package, including $19.6 million to pilot specialised, trauma-informed sexual assault legal services in every state and territory.
On the findings, ALRC President Justice Mordy Bromberg said that “understandable reasons including fear, lack of trust or lack of information and support” are preventing those who have experienced sexual violence from engaging with the justice system.
She said the inquiry time and time again from people who were let down when they engaged in the system, as well as others who did not trust it at all.
The ALRC’s recommendations aim to address barriers for victims of sexual violence, strengthen the system’s accountability processes and expand justice pathways.
“Our recommendations go to addressing barriers to engagement, increasing system accountability, avoiding re-traumatisation, countering myths and misconceptions about sexual violence, and creating new justice options. Importantly, these reforms can be delivered without compromising the fundamental rights of an accused person to a fair trial,” said Justice Bromberg.
Commissioners for the Inquiry included the Hon Marcia Neave AM and Judge Lisel Kudelka.
Government response
This federal funding package is the first phase of the Albanese government’s response to the recommendations of the Law Reform Commission. The funding will spread over three years from 2025-26.
Within the package, $19.6 million will be dedicated to extending the life of three specialist trauma-informed sexual assault legal services in Victoria, Western Australia and the ACT, while bringing the pilots to every other state and territory.
This includes trialling new non-legal services, including Justice System Navigators and access to restorative justice pathways.
Justice System Navigators are specially trained professionals who support victims and survivors to access any justice pathway they choose. For those who choose to pursue a criminal justice pathway, the navigators provide advocacy and support in interactions with police, prosecutors, the court and any other systems.
Federal Attorney-General Mark Dreyfus said seeking justice should not add to the trauma experienced by victims and survivors.
“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,” he said.
Also in the package is $600,000 to engage academic experts to address systemic reasons for the withdrawal of complaints, scope an independent complaints mechanism to seek review of police decisions not to pursue charges, and conduct a review of support during the police investigation phase.
The government has also committed $1.2 million over two years to expand the scope of the Australia Law Reform Commission’s Expert Advisory Group.
Minister for Women, Senator Katy Gallagher said far too many women experience sexual violence in their lifetime.
“For many, their experience with the justice system can only add to that trauma,” Gallagher said on Thursday. “This report from the ALRC is an important step towards ending that cycle of trauma.”
“We will continue to work hand in hand with victim-survivors, advocates, and states and territories on the next steps from this report, but this announcement also increases access to services right now – ensuring women can access the more support when they need it.”
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, chat online via www.1800RESPECT.org.au.