The Australian Law Reform Commission (ALRC) is beginning its review of how sexual violence cases are treated within the legal system.
It comes after a number of high profile sexual assault cases have gone through both the court and the media, raising legitimate questions of how victims are treated once a crime has been reported. The study will look at how the criminal justice system can improve its response to sexual assault, and do so in a way that prevents further harm being caused to victim-survivors. So, if you want to know exactly what is happening what it all means for victim-survivors, read on.
What is the review and what will it change?
In short — the federal government wants to make the court system a safer place for victim-survivors of sexual assault. It is hoped that whatever changes go ahead will mean people won’t have to relive their trauma through interrogation. It is also hoped that changes will make it easier for victim-survivors to report crimes and provide better victim support as they go through the legal process.
As it stands, victim-survivors have repeatedly described current court processes as horrific and re-traumatising.
Many are put off reporting crimes altogether. The Australian Bureau of Statistics has found that one in five women across the country (more than two million people) have experienced sexual violence, yet less than one in eight will report assault to police.
For those that do report, prosecution rates are low, and conviction rates are even lower. That also needs to change, experts say.
How are these decisions being made?
The ALRC will speak to a whole range of people to consider what changes to recommend. It’s a long list, but it includes victim-survivors, people and organisations representing victim-survivors, law enforcement agencies, policy and research organisations, community service providers and those in the legal profession.
It will apply the feedback and consider how it can be used to improve laws and frameworks about providing evidence, court procedures, processes and jury directions.
It will also question current laws about consent, policies, training for police, judges and legal practitioners as well as sexual violence support services. Serious changes at all levels of the legal system could be on the horizon.
Are there any other changes?
There’s always room for improvement. Speaking earlier this week, Greens Senator Larissa Waters said the party welcomed the review, but said progress needed to be made outside of the legal system as well.
“Over the past 18 months in particular we have seen high profile cases played out in court, with intense media coverage, and the impact those proceedings can cause for those individuals and all victim-survivors,” she said.
“Work on prevention should mean addressing rape culture, through well funded and expert delivered consent and Respectful Relationships education in schools.”
Tackling sexual violence in the courts is one part of the puzzle, but preventing it from happening in the first place is just as important.
Help is available.
If you require immediate assistance, please call 000.
If you’d like to speak to someone about sexual violence, please call the 1800 Respect hotline on 1800 737 732 or chat online.
Under 25? You can reach Kids Helpline at 1800 55 1800 or chat online.