Legal literacy is an overlooked hurdle for sexual assault victims to get justice in Australia, says a new report by advocacy group With You We Can.
Drawing on national data, the white paper What No One Told Us reveals a direct link between low levels of legal literacy and poor justice outcomes, finding that most sexual assault victims in Australia enter the legal system without legal protection or knowledge about the process.
With 92 per cent of sexual assaults never reported and fewer than one in 10 victims ever receiving legal advice, the report highlights a concerning legal literacy gap, which is even more pronounced for First Nations women, LGBTQIA+ people, and people with disability, who face additional systemic barriers.
Gaps in the legal system
Executive Director of With You We Can, Sarah Rosenberg has experienced this lack of access to legal advice first-hand when she went through a three-year legal process seeking justice.
Rosenberg went through three police stations to finalise a statement, where the case was cycled through three solicitors and two Crown Prosecutors, as her private counselling records were unlawfully accessed.
When the trial of her perpetrator went ahead, Rosenberg says she was only given a 15-minute warning that she was required to be present for questioning.
“I did everything a person could do ‘right’,” said Rosenberg. “I reported, I cooperated, I trusted the system. But the kinds of heads up you’d think were common decency just didn’t seem to apply.”
“Most people still think the prosecutor is your lawyer. But you’re not a party to the case, you’re a witness. That means no legal protection, no say in how your story is told, and no one in the room whose job it is to look after you.”
“We are now teaching consent, but not what comes next,” says Rosenberg. “Victims walk blindly into a legal process designed to disempower them, and we blame them when they walk away. Essentially, victims are punished for doing what they are told to do – seek justice against their perpetrators.”
Calls for change
In response to the findings of gaps in Australia’s justice system, With You We Can is calling for three urgent reforms: a national legal literacy campaign, a national rollout of Independent Legal Representation (ILR) for victim-survivors and the integration of legal literacy into schools, universities and for frontline professionals.
The National Legal Literacy Campaign would inform victim-survivors, families, schools and frontline workers about legal rights, processes, and what to expect from the justice system.
The ILR would provide victims with their own legal advocate during police investigation and court proceedings: safeguarding privacy, contesting unlawful subpoenas, and offering continuity of care.
And looking at preventative measures, the report says integrating knowledge of the legal process education in schools, universities and for frontline professionals would help equip the next generation with the tools needed to close the knowledge gap before it opens.
“The system was never built for private crimes like sexual violence. It assumes quick reports, clear evidence, and tidy facts. Victims are often retraumatised by delays, disbelief, and defence strategies that weaponise their medical and counselling records. Even the application for access feels like a violation,” said Senior Solicitor, Victim Advocate and Sexual Violence Specialist Julie Sarkozi.
“With ILR, that changes. You finally have client-legal privilege. You have someone whose job is to protect your interests. If we could promise people, ‘You’ll be looked after, and you’ll have your own lawyer,’ more victims would come forward. And fewer would be harmed again by the process.”
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.
If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit http://www.ntv.org.au.
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