Justice system failing shattered sex assault survivors
Sexual assault victims are unprepared and unprotected by Australia’s justice system; advocates are calling for a national expansion of legal literacy in schools, universities and for front-line workers.
More than 90 per cent of sexual assaults in Australia are never reported, and for the few who do come forward, the majority leave the system pending police investigation.
This is not because they have changed their minds, but because they have been re-traumatized by the experience of seeking justice.
For Sarah Rosenberg, a survivor and legal literacy advocate who founded With You We Can, the experience of reporting her assault and seeking justice revealed many system failures.
“(The justice system) is a huge public institution that we trust, but people don’t know anything about it and we expect victims to navigate it completely on their own,” she told AAP.
“This is a real overlooked driver of rape culture because people don’t talk about the fact that the legal system makes it really difficult for people to report it.”
Ms. Rosenberg endured a three-year legal process that began with her contacting three police stations trying to report her sexual assault and meeting with five detectives to complete her statement.
“I was really lucky… I had some fantastic officers and some who were absolute jerks,” he said.
“(Police stations) cannot allow any officer inexperienced in sexual assault cases to greet victims because each interaction can determine whether the victim files a report, seeks help, or pursues.”
We Can Do With You published a white paper titled What Nobody Told Us that showed that despite increased public awareness of sexual assault, there is a direct link between low levels of legal literacy and poor justice outcomes for victim survivors.
The report brings together national data with input from police officers, lawyers, criminologists and survivors.
It calls for a national legal literacy campaign to inform victim survivors, families, schools and frontline workers, as well as the introduction of independent legal representation for victim survivors and due process education in schools and universities.
Former Victoria Police detective Jacob Gooden said disruptions in the justice system often did not start in the courtroom, but the surviving victim sought help in the early moments.
“The system cannot come at a cost to survivors…we need to do a better job of listening to survivors,” he said.
“There is not enough time spent interacting with victims in the police academy.
“He is focused on extracting as much information as possible efficiently, which is absolutely important, but the welfare of victims must be the number one concern.”
After leaving the force, Mr. Gooden founded SAYFE, a software company that aims to deliver safer public spaces and offer victims power, choice and a safe, anonymous way to report sexual violence.
“(The police) are falling short not because of a lack of desire to do right, but because the system is not designed for (them) to thrive,” he said.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Resolution Support Service 1800 211 028
