The case for fairness and justice in our legal system

In the debate over alleged sexual crimes in Canberra, a number of media commentators have promoted the claim that just 3 per cent of sexual assaults reported to police result in conviction. In light of this dismal figure why would women bother reporting to police or engaging a criminal justice system which so apparently fails them? However, the best available research does not support this proposition or anything like it.

The most recent substantive study into the fate of serious sexual assault reports made to police is the February 2017 final report issued by the Victorian Crime Statistics Agency. Of 7000 reports to police half immediately dropped out as no offender could be identified (35 per cent) or the complaint was withdrawn (14 per cent). Further subtracting reports which disclosed no offence (5 per cent) or remained unsolved (13 per cent), police laid charges in the remaining matters (34 per cent), which progressed to the prosecution stage. Two-thirds of cases sent to prosecutors went to trial where the conviction rate was about 75 per cent.

Reading this research together with other publicly available statistics on sexual assaults, which have been carefully collected for decades, it is fair to say that if X commits a serious sexual assault and the victim is able to identify X, makes a prompt report to police and maintains her complaint it is very unlikely the perpetrator will escape justice.

Those of us who have experienced serious sexual assault well know that making a report, and standing by it, is no easy thing. Nevertheless, all victims must be strongly encouraged to immediately come forward and this should not be made more difficult by the promulgation of unsupported claims about the effectiveness of our criminal justice system.

James Miller, Wolli Creek, NSW

Claire Lehmann (“Rape is (mostly) not about power and the patriarchy, 8/3) outlines the fact that most female rape victims (according to the data) are aged between 15 and 19, and male rape victims under the age of 15. Children are some of the least powerful people in our society which is why they are statistically more likely to be sexually assaulted.

Helen Ivich, Skye, SA

Johannes Leak’s cartoon (Commentary, 8/3) points to the shameful hypocrisy surrounding the events of the past few weeks. It is not difficult to imagine the rancour that would ensue if a female Labor minister were vilified in the way Linda Reynolds has been by her political opponents and large sections of the media, not to mention the double standard as it applies to Christian Porter and Bill Shorten. Reynolds and Porter, in the face of sustained attack, have taken medical leave for mental and physical rectitude. In other workplaces, that would be sufficient for them to be left alone but the pile-on continues. It is difficult not to reach the sad conclusion that it is the political stripe of the Attorney-General and the Defence Minister that make them fair game.

Kim Keogh, East Fremantle, WA

Demands by the usual protagonists for an inquiry into an alleged incident by a government minister more than 30 years ago, without complaint by the victim or charge by the authorities, rings particularly hollow. Where were the demands to investigate Bill Shorten’s alleged incident, or Nicolle Flint’s appalling treatment and harassment at the last election? The politicisation of this alleged incident by members of the opposition and sections of the media is abhorrent to the extreme, debases the civility of our society and undermines the rule of natural justice.

Paul de Young, Marmion, WA

Justice must be seen to be done. The friends of the woman at the centre of the Christian Porter alleged rape strongly and compassionately appear to see that statement one way, whereas the PM and many others see another perspective and oppose an inquiry based on legal principle. Yet there is another quite separate view.

Porter happens to be the chief law officer of this nation and that does not allow for any suspicion to affect the credibility of that position. Given that, and that the matter is of serious concern, he should move to another position until some way is found to resolve the allegation. An immediate portfolio change would be wise, and an inquiry would not only satisfy many critics but it may also have a political upside.

Michael Schilling, Millswood, SA