Read The Times Australia

Daily Bulletin

Almost 90% of sexual assault victims do not go to police — this is how we can achieve justice for survivors

  • Written by: Anastasia Powell, Associate Professor, Criminology and Justice Studies, RMIT University

On Monday night, Four Corners investigated how Brittany Higgins’s alleged rape at Parliament House was kept quiet for almost two years.

Once again, it highlighted the huge barriers to justice faced by victims of sexual assault.

This comes barely a week after tens of thousands of Australians marched, demanding justice and an end to the harassment and mistreatment of women within federal parliament and beyond.

With sexual violence in the media spotlight on a daily basis, we need to reflect on how far we have come — and what still needs to be done — to achieve justice for victim-survivors.

Almost 90% of women don’t go to police

According to the Australian Bureau of Statistics, one in five Australian women and one in 20 men have experienced sexual assault since the age of 15. Most assaults occur in private spaces, and most are against women by a man known to them.

Yet, almost nine in ten women (87%) do not contact the police.

Many are worried their experience won’t be taken seriously. They also worry they will face repercussions, whether personally, professionally or from the perpetrator themselves, if they report the assault.

What survivors want

According to Australian research, victim-survivors say they want to have their experience heard, to have the wrong against them acknowledged, and to know that something will be done to stop the perpetrator from harming others.

Sadly, we know often the opposite occurs. Whether it is workplaces and other organisations responding to sexual harassment and/or sexual assault, or formal responses in our criminal justice system, victims are often left feeling silenced and sidelined.

Read more: Sexual assault: what can you do if you don't want to make a formal report to police?

But a formal report to police is not the only option. There are alternative ways a victim-survivor can either seek support or talk about what happened to them. There’s a national helpline, and sexual assault counselling services in every state and territory.

Some states also have an option for victims to make an anonymous or confidential informal report to police. Importantly, research shows a positive experience making an informal report can encourage a victim-survivor to report formally.

Another option, currently under consideration by the Victorian Law Reform Commission, is restorative justice. In broad terms, this allows a victim and a perpetrator to meet with expert support to acknowledge the impacts of the crime and find a way to repair the harm.

Reforming laws around consent

Of course, these alternative ways of responding to sexual assault do not mean we should ignore the formal criminal justice processes. There are ways to improve it — and the last several weeks have demonstrated the urgent need to do so.

Many measures are needed, and one of them is reform to consent law. Criminal law is left to the states and territories, and so, confusingly, there are many definitions of consent across Australia.

In response to the confusion, as well as the low threshold for accused persons to claim they had a reasonable belief there was consent, advocates, academics and survivors are calling for affirmative consent laws.

Read more: Australian law doesn't go far enough to legislate affirmative consent. NSW now has a chance to get it right

Affirmative consent requires consent to be actively given by actions and/or words before, and continuously throughout, a sexual act. Under such laws, consent cannot be inferred from the behaviour of another person, such as what they were wearing or that they (supposedly) flirted with the perpetrator prior to the rape. Instead, a perpetrator must show they took active and reasonable steps to make sure the other person was consenting.

Yet, most Australian states do not currently require a person to take such active steps to determine another’s consent. Both the New South Wales and Queensland Law Reform Commissions recently failed to recommend the inclusion of active steps in proposed rape law changes.

More education for police, juries

There is a host of other concrete changes that can improve justice for victims of sexual assault.

Other possible measures include greater training for police investigating sexual assaults.

Police on patrol in Melbourne. There are alternatives to making a formal report to police, but improvements to the way police handle sexual assault are also needed. www.shutterstock.com

There is also independent victim legal representation in sexual assault trials, initiatives to reduce the trauma of giving evidence for victim-survivors, along with inclusion of expert testimony on the nature of sexual violence, and education for potential jury members.

Changing our broader culture

The ongoing national public conversation about sexual violence has made a further problem abundantly clear.

Too often bystanders, who had an opportunity to either intervene or provide support to a victim, do nothing.

Protesters at the March 4 Justice in Hobart. Tens of thousands of Australians marched on March 15 to call for justice for victim-survivors. Rob Blakers/ AAP

The National Community Attitudes Survey on Violence Against Women shows us many Australians blame victims, minimise abuse, and excuse the actions of perpetrators.

We can all do better to educate ourselves on how to respond supportively if a colleague, friend or loved one discloses that they are a victim of sexual violence. We can also speak up and challenge victim-blaming attitudes when we see them, whether it is at the office, at the sports club, at the pub, or at a family BBQ.

Read more: Rape culture: why our community attitudes to sexual violence matter

Sex and respectful relationships education needs to start early, be consistent, inclusive, positive about sex and sexuality, and promote consent as a normal practice in all our interactions with others.

Modelling respect

But if the past few months have taught us anything, it is the importance of leadership that models respect: both for victim-survivors and for women generally.

Sadly, the best laws and the best prevention education in the world may not be enough to create lasting change if our leaders and institutions don’t also step up, stop walking past sexual violence, and set a new standard for respect and justice.

If this article has raised issues for you, or if you’re concerned about someone you know, call 1800RESPECT on 1800 737 732

Authors: Anastasia Powell, Associate Professor, Criminology and Justice Studies, RMIT University

Read more https://theconversation.com/almost-90-of-sexual-assault-victims-do-not-go-to-police-this-is-how-we-can-achieve-justice-for-survivors-157601

Business News

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

What Healthcare Teams Look for When Choosing Specialist Surgical Supplies

In clinical environments, small details rarely stay small. A delayed instrument, a poorly matched device or inconsistent supply quality can affect theatre flow, staff confidence and patient outcomes. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...