Australia legal reform group to investigate how justice system can improve support for victims of sexual violence – JURIST

The Australian attorney general announced Tuesday that the Australian Law Reform Commission (ALRC) will be inquiring into justice responses to sexual violence in Australia. The inquiry will examine legislation and frameworks related to evidence, court procedures, processes and jury instructions. This includes reviewing laws pertaining to consent, policies, training programs for judges, police and legal practitioners, as well as support services for individuals who have endured sexual violence.

The government also has established a lived-experience Expert Advisory Group comprising victim-survivors and their advocates to focus on the experiences of victim-survivors and provide advice to the government on how to implement the ALRC’s recommendations.

In August 2023, the government hosted a National Roundtable on Justice Responses to Sexual Violence, where representatives from victim-survivor groups, service and advocacy sectors, other experts and Commonwealth, state and territory ministers were brought together. They focused on recent national statistics, which found 1 in 5 women have encountered sexual violence from the age of 15 onwards; only 13 percent of these individuals chose to report their most recent assault to law enforcement.

The support and services within the justice system, court processes, and policing factors were of significant discussion in the summary report. During each phase, the roundtable discovered that a lack of cultural awareness, training on trauma and biased views toward minorities resulted in significant distrust in the reporting system. This had a flow-on effect on other courts, namely the Federal Circut and family court proceedings and criminal proceedings.

These discussions of the National Roundtable informed the Terms of Reference for this inquiry, including:

• • Laws and procedures for evidence, court and jury;
  • Laws related to consent;
  • Policies and oversight for police and prosecutors;
  • Trauma-informed and culturally safe training for legal practitioners;
  • Support for survivors of sexual violence; and
  • Alternatives to criminal prosecution, such as restorative justice or compensation schemes.

A 2023 New South Wales Bureau of Crime Statistics and Research (BOSCAR) report, which was also referenced, highlighted the negative experiences of sexual violence victims in the criminal justice system. One participant stated, “Victim-survivors of sexual violence have already endured a serious trauma, and without the right trauma-informed approaches in the legal process, this trauma is not only exacerbated but becomes a ‘new trauma.’”

The report is due to the attorney general by January 22, 2025. The inquiry is said to be an essential part of the government’s $14.7 million 2023-24 budget commitment to strengthen the justice system’s response to sexual assault and prevent further harm to victims through the justice process. As such, the announcement of the inquiry extends the National Plan to end violence in domestic relationships in one generation.