The impact Victoria’s justice system has on victims has been exposed in a new report that finds one-quarter of them would not report a crime again after negative experiences with the court system and police.
The scathing report, by the state’s Victims of Crime Commissioner, calls for an urgent overhaul of a system that is causing further trauma for victims of crime, who have fewer legal rights than those charged with an offence.
Victims of Crime Commissioner Fiona McCormack.Credit: Wayne Taylor
The report also found almost 40 per cent of victims who had been forced to act as witnesses would not return to provide evidence, while 74 per cent said they never or rarely felt part of the justice process.
Victims of Crime Commissioner Fiona McCormack has made 55 recommendations to restore public confidence in the beleaguered system, which continues to fail victims despite legislative changes in 2018.
“When victims report a crime, they expect to play a part in the justice process but in reality, most felt they were silenced and sidelined,” she said.
“Victims are the inevitable result of crime, yet the criminal justice system is primarily designed to ensure the fair treatment of the accused. Victims are asking for a criminal justice system that delivers justice for them.”
McCormack said some victims, particularly those affected by sexual assault offences, often found the judicial process more traumatising than the crime itself. The damage was also exacerbated by long delays in Victoria’s overwhelmed judiciary, as some cases take more than five years from a report made by police until a court verdict.
Some of McCormack’s recommendations include a reduction in the number of times a victim has to provide evidence, a ban on cross-examination by a self-representing accused person where a victim is likely to experience unnecessary trauma, and new measures to avoid repetitive questioning.
Suzii Crowley accused Dr Con Kyriacou of sexual assault.Credit: Justin McManus
“An urgent priority is providing victims with stronger rights that are proactively upheld and establishing a free, independent legal service for all victims who suddenly have to navigate a complex justice system,” McCormack said.
The 500-page report also calls for victims to have some appeal rights regarding decisions over applications made by accused people to access victims’ confidential communications and when survivors are questioned in court about their sexual history. McCormack’s report says victims should get access to state-funded legal help to uphold their appeal rights.
Suzii Crowley said she felt betrayed by Victoria’s justice system in 2021, after making a complaint of sexual assault against Hawthorn doctor Con Kyriacou in 2018, along with 47 other women.
Kyriacou was charged with 34 offences, comprising three counts of rape, 28 counts of indecent assault and three counts of sexual penetration and indecent assault of a child aged 16 years.
The Office of Public Prosecutions (OPP) decided in 2020 it would not include statements from more than 40 of Kyriacou’s former patients, but would proceed with a two-week trial with five of the alleged victims.
But the case collapsed in October 2021 when the OPP withdrew all charges because the then 78-year-old was unfit to stand trial.
“All these women had gone to police and made statements. How do you think this feels when someone just pulls the plug? We didn’t expect him to go to jail. But we did expect for there to be a finding that would validate us and make us feel believed,” Crowley said.
Crowley, 54, said she would not have made a complaint had she known of the hardship and heartache involved.
“Nineteen years ago, I was assaulted by my doctor, but then I was assaulted by the legal system. Why would anyone come forward when this is what happens?” she said.
Sophia Papas, 38, is another victim of alleged sexual assault whose case was abandoned after years of delays.
A security guard was charged in October 2019 with assaulting Papas at a King Street nightclub in 2015, which he appeared to admit in SMS messages sent to her and provided to police.
But after more than three years before the Magistrates’ Court, the charges were withdrawn in June 2023 when two new witnesses agreed to provide evidence just days before the hearing.
Papas was not given the identities of the witnesses or what new evidence they intended to provide. She was told by police she could apply for the statements under freedom of information laws.
“I was incredibly upset when this came to light because they had years to do it and suddenly, a week before me going to trial, a new witness comes forward,” she said.
“I went through all that trauma, reliving the night over and over. But I’m left with nothing. No one seems to give a f--- about me.”
‘I went through all that trauma, reliving the night over and over. But I’m left with nothing. No one seems to give a f--- about me.’
Sophia Papas on her experience with Victoria’s justice system
She also said she would not subject herself to Victoria’s justice system again.
“What’s the point? I felt good when I reported it to police. It felt like a weight had been lifted off my shoulders and he got charged. And then it just got thrown in the bin,” Papas said.
Papas and Crowley both agreed to be identified to tell their stories.
McCormack said discontent with Victoria’s justice system was widespread, and she is calling for a “new deal for victims”.
“Time and time again, victims felt the person accused of the crime was given more consideration than them. Most of the victims surveyed felt their needs, concerns or preferences were unimportant or ignored,” she said.
McCormack said victims from Indigenous backgrounds, members of LGBTQI communities and those with poor English skills were particularly vulnerable.
“Pursuing protection or justice is often not even an option for many victims, especially those who’ve had negative experiences in the past, don’t trust the system or face barriers like language and disability,” she said.
McCormack said the report’s 55 recommendations were designed to improve victims’ experiences without affecting the rights of accused people, and most recommendations didn’t require additional government funding.
“It is imperative victims are not traumatised by the justice process – for their own wellbeing and because society depends on them to play a role in community safety by reporting crime and providing evidence against the accused,” she said.
John Silvester lifts the lid on Australia’s criminal underworld. Subscribers can sign up to receive his Naked City newsletter every Thursday.