NSW to examine how justice system treats sexual assault survivors

Most sexual assault survivors do not report to police and even if they do only 3 per cent result in a guilty conviction.

The plight of sexual assault survivors in the justice system will go under the microscope in a bid to tackle rock-bottom attrition and conviction rates.

For the first time in decades, experts and victim advocates across NSW will form a Sexual Offences Research Advisory Panel aimed at improving the system for women.

The panel, due to meet for the first time this week, will guide an 18-month research project and report back to the state government.

“We know that sexual assault is significantly under-reported, and even when a report is made, far too few cases make it before a court,” NSW Attorney-General Mark Speakman said. “This research aims to improve our understanding of the experiences of complainants and why complaints are so often discontinued.

“It’s a decision for the victim-survivor as to whether they wish to make a report and whether they wish to support pursuing the matter through court.

“However, should a victim-survivor make the courageous decision to take these steps, then we want to remove avoidable deterrents to their engagement in the criminal justice system … and not force them to relive their trauma ­repeatedly.”

The last time a panel like this was convened to look at sexual violence reforms was in 2004.

Sexual assault offences are notoriously under-reported. Of those assaults that are reported to police, it is estimated only 3 per cent result in a guilty conviction. The sobering statistics, coupled with a national focus recently on women’s safety, has inspired law and policy reform in NSW.

Mr Speakman revealed last month sexual assault laws would be reformed to encompass affirmative consent, meaning a person must take active steps to obtain consent.

The new research project will look at the victim’s journey through the system, from reporting to police to trial, how they experience the court process and what support services are available.

One focus will be whether there is merit in specialist sexual assault courts, with specialised magistrates and prosecutors, and whether it would make the process less harrowing.

The Bureau of Crime Statistics and Research is leading the panel, and other members include NSW Police, Rape and Sexual Assault Research and Advocacy (RASARA), Legal Aid, Wirringa Baiya Aboriginal Women’s Legal Centre and the DPP.

The Saturday and Sunday Telegraph, in partnership with RASARA, has campaigned for sexual violence reforms, including affirmative consent, a pilot of specialist courts and an audit of consent education.