By Perry Duffin
Sexual assault survivors often feel doubt the moment they talk to police, and those who persist meet hostile interrogation in the courts. Now a government report exposes the barriers at each step, and the reasons cases are so often abandoned on the road to justice in NSW.
NSW police commanders, keen to move the dial on the history of sex crime prosecutions, say they must listen to survivors to reform, and the process has begun with their detectives.
Sexual assault survivors have recounted their experiences with the NSW justice system, including police.Credit: Edwina Pickles
The Bureau of Crime Statistics and Research, on Monday, will release a report that quotes 34 survivors about the NSW justice system, crucially, in their own words.
The report, carried out by RMIT, concludes sexual assault survivors face mixed results talking to police and “new trauma” in court.
One told researchers a police officer had asked what she had “learned” after reporting her sexual assault.
“He kind of talked about how I shouldn’t put myself in risky situations and that as a teenager, it is common to take part in risk-taking behaviour, because I was drinking underage,” she said.
‘[The police officer] was just like, “Look, if it did happen, there’s no evidence ... Why did you report it? What were you hoping for?” … and he just said “We can’t do anything about it.” And then that was it.’
Anonymous sexual assault survivor
“I don’t think drinking underage warrants being sexually assaulted.”
Others felt doubted by police, particularly when the case appeared difficult to investigate and prosecute.
“[The police officer] was just like, ‘Look, if it did happen, there’s no evidence ... Why did you report it? What were you hoping for?’ … and he just said ‘We can’t do anything about it.’ And then that was it.”
Central to the study is how barriers cause an “attrition” rate, or premature end, before justice can be attained.
Saxon Mullins, from Rape and Sexual Assault Research and Advocacy, urged reform of the justice system after a government study interviewed survivors about barriers in reporting to police, and prosecuting in the courts.
Sexual assault has among the lowest reporting rates, and lowest conviction rates, of any crime in NSW. It’s suspected only 16 per cent of sexual assaults resulted in a report to police within 12 months.
“We’ve seen cases not go to court because a police officer decided to be arbiter of justice and said there was not enough evidence,” Sexual Assault Research and Advocacy’s Saxon Mullins told the Herald.
“They’re meant to investigate, to find the evidence, if they come at it with their own expectations and views we see that in the attrition rate.”
The report recommended “trauma-informed” training for police.
Sex crimes squad commander, Jayne Doherty, welcomed the study saying detectives were now being given updated training.
Each police area command is also being given a sexual violence portfolio holder to support investigations, the detective superintendent told the Herald.
The report makes a “striking” finding that most complainants who had negative experiences in the police station wished to continue with the legal process.
As one survivor explained “if somebody’s gone to the police, they obviously want you to do something”.
‘I’m the victim, not the f---ing witness … they kept saying, “It’s not your case” … my whole f---ing life is on hold for three years.’
Anonymous sexual assault victim
Last week the Herald revealed a study found “rape myths” permeated the NSW trial process. Complainants are routinely accused of lies and personal failings particularly during cross-examination.
A survivor in Monday’s report said the trial process was “as bad as the abuse”.
“I would advise victims not to go ahead with the trial,” one said.
“There’s other ways to get the truth out of people without making them feel as though that there’s something’s wrong with them.”
Sex crime squad commander Jayne Doherty says NSW Police must listen to abuse survivors to reform after the study urged police to put victims at the centre of the cases. Credit: James Alcock
Survivors reported a loss of agency and struggled, realising it was not their case – but their attacker’s case – and their role was as a witness. Well-documented delays in courts, too, weighed on survivors.
“I’m the victim, not the f---ing witness … they kept saying, ‘It’s not your case’ … my whole f---ing life is on hold for three years,” one said.
Mullins said harmful rape myths must be dismantled in wider society and police despite the requirements of the justice system.
“[Police] have to work inside the structure, they have to abide by the evidence, they have a job to do. But myths about rape are not part of the job.”
Doherty said her officers “will always investigate” as far as survivors are willing, and want to educate the community to encourage reporting on sexual violence.
“If there is sufficient evidence to proceed to charge, and the victim is willing to give evidence in court, then we will proceed,” Doherty said.
“We understand that reporting sexual assault can be distressing and traumatic for victims – and it is always the choice of an individual whether to proceed with an investigation or not.”
Not all experiences were negative. Some survivors reported police were supportive and reassuring.
“When I’d stop and say things like ‘Oh, you know, it’s probably nothing’ … [the detective] would say ‘No, it’s not nothing ... what you’re saying is really serious’,” one survivor said.
Police say health and support services are just as important as they are – and can make referrals for survivors. A single, consistent support contact was one recommendation in the report.
Another recommendation is for an alternative type of court process called “restorative justice” be considered for sexual assault. Restorative justice would focus on apologies, reparations and ways to prevent re-offending.
Mullins said the criminal justice system, however, must be reformed as well.
“We have to be careful that the system in which every other criminal case is heard is still at its best for survivors, and we have to change what we can change,” she said.
“Some survivors want to go through a process like restorative justice particularly because the current system is so broken. Some just want their story heard, and it’s not possible in the current system.”
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