Sexual violence victims face longer wait for justice in court

New figures show the time it takes for a sexual assault case to progress through court has blown out, despite a string of reforms aimed at preventing delays.

Sexual violence victims and defendants are waiting longer for justice, despite state government claims its “reforms” have made things better.

Most cases are getting stuck in the system for about two years — and failing to meet District Court benchmarks to secure trial dates.

It took seven to 14 months for recent sex assault trials, including that of NRL player Jarryd Hayne, to be listed. Picture: NCA NewsWire / Christian Gilles

New figures show the time it takes for a sexual assault case to reach a resolution has increased since 2015.

That is despite the NSW Attorney-General appointing seven new judges in 2019 following concerns about an influx of rape trials and mounting caseloads.

In 2014, sexual violence complainants waited an average 592 days from the time their alleged perpetrator was arrested to when the case was finalised in the District Court.

In 2019, that figure rose to 622.5 days, according to the Bureau of Crime Statistics and Research (BOCSAR).

At the same time, judges are dealing with an increase in sexual assault cases, including child matters because of greater reporting off the back of the Royal Commission into Institutionalised Child Sexual Abuse.

Reforms, including additional judges and an early guilty plea program, helped reduce the overall trial caseload in the District Court, but sexual assault matters are still taking longer to progress.

The Saturday and Sunday Telegraphs, through the Matter Of Consent campaign, are calling for sexual violence reforms, including a pilot of specialised sexual assault courts.

Dedicated courts, with specially trained judges, support services and better case management, in New Zealand resulted in fewer adjournments and a decrease of 134 days in the average time it took for cases to finalise.

Attorney-General Mark Speakman said the BOCSAR data showed the courts “have so far been able to handle increasing case numbers without significantly adding to the length of time it takes to finalise prosecutions”.

A NSW District Court practice note states that, where possible, cases should be listed for trial within six months.

However, a review of recent sexual assault cases, including that of NRL player Jarryd Hayne, showed trials weren’t listed for seven to 14 months.

“It’s usually six months to a year between committal and trial,” one solicitor said.

There has been a significant shift in recent years in making the court process less traumatising for victims, so cases don’t drag on and victims don’t withdraw their complaints.

Sexual assault charges are withdrawn in NSW courts at a rate five times higher than any other crime.

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