‘Nightmare’: Why complainants of sexual violence need their own lawyers

When Sarah Rosenberg made the brave decision to report an act of sexual violence, she didn’t expect the nightmare that followed.

OPINION
This week, Sarah Rosenberg has spoken publicly about her experiences of sexual violence. When she made the brave decision to report, she thought she was doing the right thing.

What she didn’t expect was the nightmare that followed. While the prosecutors were focused on securing a conviction, they were not her lawyers. In fact, she realised she didn’t actually have her own lawyer.

Sitting in a courtroom, facing invasive questions from a defence lawyer about her private life, and being forced to relive painful moments, she felt totally alone.

Sadly, a story like Sarah’s isn’t unique. For years, complainants of sexual violence have been treated as props in the criminal justice system — just “witnesses for the prosecution”, not people with rights, entitlements, and a say in how the process unfolds. That’s starting to change. Slowly, courts and police are recognising that complainants aren’t just bystanders in their own cases — they’re participants, with their own legal interests, who also deserve respect and dignity.

But the system is still a minefield. And for people just like Sarah, having a specialist, independent lawyer can mean the difference between feeling crushed by the process or coming out the other side with a sense of justice and closure. It could also mean more people accused of sexual violence would be held accountable.

This week, Sarah Rosenberg has spoken publicly about her experiences of sexual violence. Picture: Lisa Maree Williams/news.com.au

A broken system

The truth is most complainants of sexual violence never even make it to court. The majority of sexual violence offences in Australia go unreported. Why? Fear, stigma, and a system that too often fails them. Many people prioritise staying safe over speaking out — they’re worried about retaliation, or they’ve seen how gruelling the process can be.

Even for those who do report, the path to justice is filled with roadblocks. Low conviction rates send a message that the system is stacked against them. Lack of evidence and witnesses make it harder to prove than other crimes. And for people who report the offence and stick with it, the experience is often deeply re-traumatising.

It’s confusing, scary, and you can feel like no one’s on your side. This is where specialist legal help comes in. Lawyers who understand the unique challenges of sexual violence can provide legal advice, representation, and guidance through the process, making it a little less terrifying and a lot more manageable.

The help victim-survivors need

Specialist lawyers can step in where the system falls short. They can assist with protecting private records such as notes from counselling sessions or health records, help draft victim impact statements, provide advice about negotiating criminal charges, and even help make applications for things like financial compensation.

But it’s not just about the criminal justice system. Lawyers can also provide advice about other options too — like civil litigation, or restorative justice processes. These paths can often feel more empowering than traditional courts.

For many people who report sexual violence, just understanding their rights and choices can be a game-changer. Women’s Legal Services in every state and territory regularly work with women who don’t even know the sexual violence they were subjected to is a crime. When abuse is part of an ongoing pattern of control and coercion, it can feel “normal”. Specialist legal assistance can help people name their experiences and take steps toward justice, whatever that looks like for them.

A lifeline in the storm

For people who report sexual violence, having someone in their corner — a lawyer who will act in their best interests — can be life-changing. Legal advocates can stand up for their rights, help to protect those rights, make sure they’re treated with respect, and ensure they’re not sidelined in the process.

Take the right to privacy. Without a lawyer, a complainant might not even know they can fight to keep personal records out of the hands of the accused person. Or consider the right to be consulted about major decisions in their case — these consultations can be difficult to navigate without legal advice.

Lara Freidin says the majority of sexual violence offences in Australia go unreported.

And it’s not just about legal advice. Trauma-informed lawyers also provide emotional support, helping people feel heard, validated, and empowered to make decisions about their own cases. They work together with social workers and support services that will help them to recover and heal.

Women’s Legal Services are piloting trauma-informed sexual assault legal services in Victoria, Australian Capital Territory, and Western Australia — to provide specialist legal assistance alongside social supports. We are calling for increased government funding to expand these pilots across the country so that they are available in every state and territory — and that requires at least an additional $5 million per year.

Why it matters

The criminal justice system is supposed to deliver justice — but too often, it adds to the harm people have already endured. Specialist legal services are about more than just navigating the law. They’re about standing up for people and ensuring they have a voice in a process that’s so often stacked against them.

The message is clear: people who report sexual violence need their own lawyer who understands the trauma they’ve been through and can advocate for them every step of the way. Because justice should never come at the expense of their healing.

For someone like Sarah, having that support is the first step toward reclaiming their lives. And it’s something everyone deserves.

Lara Freidin is the Executive Officer of Women’s Legal Services Australia – the national voice for community legal centres specialising in women’s legal issues. Learn more here