Charlie garnier

Re: Research on the importance of policy development regarding sexual assault

Sexual assault, referring to ‘physical contact, or intent of contact, of a sexual nature directed toward

another person where that person does not give consent, gives consent as a result of intimidation or

deception, or consent is proscribed’ (Australian Bureau of Statistics 2021) is an ongoing and

prominent issue in New South Wales. Whilst the crime itself and the perpetrators remain the main

source of the issue, the way the criminal justice system addresses the matter is problematic.

In 2021, the largest number of sexual assaults was recorded by police in the last 29 years. This

increase of 13% is the tenth annual rise in a row. (ABS 2022) It is important to understand that whilst

the rise of reports in 2021 reflects victims’ willingness to report sexual assault rather than an increase

in prevalence (NSW Bureau of Crime Statistics and Research 2021), it remains a crime that is more

often than not unreported. It is important to note that the incidence of sexual assault is concerning.

According to the Australian Bureau of Statistics ‘one in five women and one in twenty men

experienced sexual violence.’ (ABS 2016 n.p.) This demonstrates that sexual assault is mostly

perpetrated against women. In 2021, 83% of victims of sexual assault were women and 73% were

under the age of 18. There are many misconceptions and myths around sexual assault and

understanding patterns is primordial when attempting to fully grasp the extent of the crime. Despite

common beliefs sexual assault offenders are in most cases close to or known by the victim, (83% of

victims will know the perpetrator) and the crime occurs more often than not at a residential location.

(65%) (ABS 2022). Additionally, the impact of the assault on survivors is also fundamental to

consider. All survivors are affected differently however most exhibit an important deterioration of

mental health due to the trauma of the assault. They may experience diverse psychological effects,

although the most common are intrusive thoughts, eating disorders, flashbacks or nightmares, anxiety

disorders, PTSD, depression, or even suicidal behaviors. An example of the long-lasting effect of rape

is Ema’s story, who was sexually assaulted when she was 15. ‘I have Post-traumatic stress disorder.
The flashbacks, panic attacks, night terrors, and feeling dirty prevent me from living a normal life.’

(The Survivors Trust 2022). As a result of hurtful stereotypes, lack of representation, and a neglecting

criminal justice system, survivors still struggle immensely to obtain justice. Sexual assault is an

important violation of human rights and should be punished and treated as such.

Victims of sexual assault also referred to as survivors very rarely reach out to the police to file a

report. Nearly 90% of sexual assault victims don’t engage with the justice system. Victims may decide

to deal with it differently, some fear reprisal or getting the offender in trouble, some experience shame

whilst others deem it not grave enough to report. There are many reasons why so many remain

unreported however in essence, they seem to be rooted in fear or shame. Additionally, a survivor’s

decision to report a crime may vary depending on the crime itself. Although it has been recorded that

the number of sexual assault reports has increased by 13% between 2020 and 2021 (Australian

Bureau of Statistics 2021), victims often still feel as if they were not listened to or simply not believed

throughout their experience with the legal system. Most sexual assault survivors face forms of distress

after being in contact with the criminal justice system. In Campbell’s study (2006) eighty-one

survivors were interviewed and 93% of the victims stated that they felt violated and disappointed.

Moreover, ​the study found that 87% of survivors (without advocacy support) were ‘reluctant to seek

further help’ and ‘ felt bad about themselves after their first contact with police. Police officers are

survivors’ first point of contact with the criminal justice system, therefore their way of approaching

the situation has a significant impact on the case and the victims’ experience. It is primordial for them

to respond appropriately. Unfortunately, more often than not, that is not the case. Many survivors, like

Lauren (ABC news 2020) feel as if officers are discouraging them from pursuing cases or

disregarding them ‘“They made out that it was going to be really hard for them — for the police —

and so it’s not worth me pursuing it,”Lauren says’. Incidents like Lauren’s justify the increasing

amount of cases that never make it past the police. This highlights the lack of adequate training of the

police in responding to sexual assault reports in addition to the officers' inability to assist and

understand victims’ needs.

In the circumstance that a victim reports the assault to the police, it exists five different outcomes:

unsolved, legal actions taken against the perpetrator, no legal actions taken against the perpetrator,

withdrawn, and finally unfounded Four out of five of these outcomes will let the offender walk free.

Only one in ten reports since 2009 have led to legal actions in New South Wales. Between 1995 and

2018 in New South Wales, all five outcomes have increased or decreased negatively, for example in

1995, no legal actions were taken against the perpetrator in 12% of cases, and in 2018 it increased to

18%. Furthermore, critical gasps in New South Wales police records remain to be fixed. The NSW

police do not keep accurate records of why sexual assault investigations fail to lead to legal actions or

why reports may have been withdrawn. New South Wales Police is the only jurisdiction that fails to

collect this data.

Figure one:

(ABC News 2020)

There have always been gaps in data as a consequence of the minimal amount of sexual assault

reports. The NSW police actively contribute to the dark figure of sexual assault. (ABC News 2020)

There are limits to crime statitstic. It is complicated to consider NSW statistics reliable as not all
crucial data is recorded and the majority of the victims never come forward. Most incidents are not

reported. That makes scoping its prevalence a complex task.

Going to court has proven to be an incredibly harrowing experience for the victims. Survivors of

sexual assault often consider that ‘the system is stacked against them, with their cases hampered by

constant court delays and prejudiced attitudes around what a "perfect" victim looks like.’ (ABC News

2018). The wait to be heard can be incredibly prolonged. On average, it took 40 weeks to obtain a

guilty conviction in sexual assault cases between 2016 and 2018 when the average for criminal cases

is of 13-14 weeks (sexual assault cases are supposed to be given priority). The processing time of

sexual assault cases has exponentially increased between 2010 and 2018 (45% more days from arrest

to an outcome) (The Sydney Morning Herald 2019). Survivor’s trial should be dealt with quickly ‘yet

the 'accelerated' process takes, on average, more than two years from the date of the offense to the

date the court trial begins.’(ABC News 2016) However, the long wait to be heard is not the only issue

within the court system. Cross-examination is a part of the trial that is considered to be retraumatizing

for sexual assault victims. ‘In adversarial legal systems, it is the job of the defense to bring the

prosecution’s case into doubt. In sexual violence cases, the survivor’s testimony may be the only

evidence.’ (The Conversation 2018) Because the victim’s testimony is the only evidence of the

assault, the defense will attempt to attack and discredit it. That is usually achieved by diminishing the

survivor’s credibility as well as the plausibility of their testimony. Moreover, sexual assault victims

have shared previously that cross-examination is often felt like secondary victimization or second

rape. That aspect of the trial has severe consequences on the victim’s mental health and well-being.

Andy Kaladelfos, a criminologist considers the Australian legal system to ‘not be working in every

way’. They express their concern regarding trials, questioning whether they have become so awful it

deters victims from reporting their assaults. The criminologist’s opinion is shared by survivors as well

as victim’s advocates, however, individuals working within the legal system often seem to disagree.

For example, Fiona Martin a victorian barrister believes that the court system should not change. Dr
Kaladelfos compares the questioning of sexual assault victims throughout time. They found that

survivors of sexual assault are now asked three times the number of questions they were asked 30

years ago. Additionally, they criticize the influence of stereotypes on the legal system and how these

misconceptions are reflected in the questions asked of the victims. (ABC News 2021)

Finally, it is important to note that even if survivors proceed with the trial ‘Defendants of sexual

assault charges are three times more likely to be acquitted than those accused of any other offense. Of

the 21,380 victims of sexual assault recorded by Australian police in 2015, only roughly 10 percent

will have resulted in a guilty verdict.’ (ABC News 2016). That is due to the complexity of the concept

of consent in legal systems. Indeed, for the perpetrator to be found guilty it is required to prove

beyond reasonable that consent was not given. However, in circumstances in which an offender is

found guilty of the assault, survivors denounce disproportionately light charges and sentences,

compared to the impact of the crime. (can range from a good behavior bond to a prison sentence with

an average of 34 months when the maximum penalty for aggravated sexual assault is 20 years.) (ABC

News 2016)

Sexual assault is a grave breach of an individual’s rights, and its impact has long-lasting effects. It is

by understanding the multiple issues within the system that New South Wales can develop policies to

prevent and respond to sexual assault. Reinforcing prevention policies is an important part of the

process. Prevention of sexual violence requires educating people from a young age on the matter, for

example, ‘Building knowledge and skills of children and young people on gender-equitable safe,

respectful, and healthy relationships’ or ‘Working across settings to build beliefs, attitudes, and norms

that promote gender equality and prevent sexual violence’ (NSW government 2022).

There are important issues whether that is within the New South Wales Police, government, or courts

that require a rather robust management policy to appropriately respond to the crime and assist the

victims. NWS Police officers should be trained to carefully and sufficiently respond to reports of

sexual assault and data regarding explanations of why no legal actions were taken against the offender

must be recorded. That can be achieved through specialization, such as specialist police teams. ( that
is potentially extendable to special investigation, multidisciplinary responses involving police,

forensic specialists, and sexual assault counselors; specialist prosecution units, and courts) (AIFS

2011) Additionally, the work plan to strengthen criminal justice responses to sexual assault highlights

important changes that could be made to improve survivor’s experience, such as Strengthening legal

frameworks to ensure victim-survivors have improved justice outcomes and protections, wherever

necessary and appropriate’ (Attorney-General's Department n.d)

 References

Kinsella, E. (2021) Questioning of sexual assault victims during trials 'worse' than in the 1950s,
criminologist finds, ABC news. 25 March 2021, available at
https://www.abc.net.au/news/2021-03-25/experts-question-how-justice-system-deals-with-sexual-offe
nces/13248172 [accessed 25 November 2022].

Australian Bureau of Statistics. (2011) 031 Sexual assault, ABS. 2 June 2011, available at
https://www.abs.gov.au/statistics/classifications/australian-and-new-zealand-standard-offence-classific
ation-anzsoc/2011/03/031 [accessed 3 December 2022].

Campbell, R. (2006) ‘Rape Survivors Experiences With the Legal and Medical Systems’, Violence
against women 12(1):30-45.
Fitzgerald, J. (2021) ‘Why did sexual assault reports spike in March 2021?’, NSW Bureau of Crime
Statistics and Research (No. 155)

Australian Bureau of Statistics. (2021) Recorded Crime - Victims, ABS, 28 July 2022
https://www.abs.gov.au/statistics/people/crime-and-justice/recorded-crime-victims/latest-release
[accessed 20 November 2022].

Australian Bureau of Statistics. (2016) Personal Safety, Australia, ABS 8 November 2017
https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/2016 [accessed 20
November 2022].

The survivor’s trust. (2022) Ema’s story, TST 21 November 2022

https://www.thesurvivorstrust.org/blog/emas-survivorstory [accessed 25 November 2022].

Ting, I., Scott N., Palmer, A. (2020) Rough justice: How police are failing survivors of sexual assault,
ABC news. 28 January 2020, available at
https://www.abc.net.au/news/2020-01-28/how-police-are-failing-survivors-of-sexual-assault/1187136
4 [accessed 15 November 2022].

Boltje, S., Blau, A. (2018) Why do so few sexual assaults result in convictions? ABC News. 15
November 2018, available at
https://www.abc.net.au/news/2018-11-14/why-do-so-few-sexual-assault-result-in-convictions/104922
56?utm_campaign=abc_news_web&utm_content=link&utm_medium=content_shared&utm_source=
abc_news_web [accessed 17 November 2022].
Anonymous. (2016) How the justice system lets sexual assault victims down ABC news. 2 September
2016, available at
https://www.abc.net.au/news/2016-09-02/brock-turner-justice-system-sexual-assault-victims/7801784
[accessed 16 November 2022].

McCarthy-Jones, S. (2018) Survivors of sexual violence are let down by the criminal justice system –
here’s what should happen next, The Conversation. 29 March 2018, available at
https://theconversation.com/survivors-of-sexual-violence-are-let-down-by-the-criminal-justice-system
-heres-what-should-happen-next-94138 [accessed 13 November 2022].

NSW government. (2022) NSW Sexual Violence Plan 2022-2027, NSW government, August 2022,
(no volume/issue, 17)

Australian Institute Of Family Studies. (2011) Conventional and innovative justice responses to sexual
violence, AIFS, December 2011, available at
https://aifs.gov.au/resources/practice-guides/conventional-and-innovative-justice-responses-sexual-vio
lence [accessed 2 December 2022].