If you have experienced sexual harm or assault please see our referral resources for victims/survivors here, or if you would like more information on the legal system, click here.
The ongoing media coverage of rape and sexual assault allegations within our political landscape has amplified the conversation about ‘victim/survivors’ experiences of the justice system. Ideas about the ‘rule of law’ and the role of the justice system in cases of sexual assault, especially historical sexual assault highlight the need to raise awareness of how people who have experienced sexual harm experience the justice system, and why they take time to report sexual assault and rape.
For over 25 years SMLS has been providing legal assistance to people who have experienced sexual harm. Our Integrated Services for Survivor Advocacy (ISSA) program supports victims/survivors to recover from sexual assault by assisting them to navigate the legal system.
ISSA is a partnership between SMLS and the South Eastern Centre Against Sexual Assault and Family Violence (SECASA). The program provides legal advice, assistance and representation to victims/survivors of sexual assault, and family members affected by the assault. The service specialises in Applications for Assistance to the Victims of Crime Assistance Tribunal. In a significant proportion of our matters, the person committing sexual harm has not been charged- we know that the barriers to a successful criminal prosecution are enormous. Because of this, SMLS largely hears the experiences of those who have sought support and redress outside of the criminal justice system.
Our work in this space confirms what research has found- that it is common for survivors of sexual violence to delay reporting their experience- sometimes for many years. This includes reporting to the police or telling family and friends.
Many of our clients have experienced historical sexual abuse. Many also live with a disability. We have seen that these clients are especially at risk of feeling like their story is not believed.
The reasons for this are well documented: feelings of guilt or shame, the risk of being retraumatised, as well as taking the time to process what has happened to them. Often, however, one of the most significant reasons people delay reporting, is fear of not being believed or supported. Our clients are devastated when they face hostile or skeptical questions about their behaviour before or during the assault- which is a common occurrence in a criminal trial. Responses to reports of sexual violence vary widely. For example, reporting to the police can be a difficult process – some find supportive and competent officers when dealing with sexual assault reports, but others may be disinterested, too busy or even hostile.
Given the current discussion around sexual assault in our country- who can blame people for not speaking out until years later? Comments that either directly or indirectly blame survivors, or allege that people are lying or exaggerating, hurt all people who have experience sexual harm.
Law Reform
Late last year, the Victorian Law Reform Commission opened a very timely inquiry into ‘Improving the Response of the Justice System to Sexual Offences’. SMLS made a submission outlining the experiences of our clients and our ideas for improvements to our legal system.
Our clients find receiving acknowledgment of the harm suffered from an authoritative body within the justice system as an important step on their road to recovery. Given that for many of our clients, the person committing the sexual harm is not prosecuted, the importance of procedural justice rings particularly true. Based on our work, optimising the client’s experience at every interaction with the justice system has the therapeutic possibility of contributing to a client’s recovery. Conversely, if not done well, it can have a devastating impact on the client.
We acknowledge that though criminal justice serves as an important response to sexual harm, its impact is limited without fundamental social change dismantling intersectional experiences of disadvantage such as racism and sexism. Our submission highlights that more work needs to be done to understand how race and gender create the circumstances in which sexual harm is disproportionately affecting particular cohorts within society; how these forces may affect how that person experiences and deals with sexual harm; and how the government can best respond.
We recommend the expansion of the Sexual offences and child abuse investigation team within police (SOCIT), in order to meet the heavy workload of sexual assault matters and significantly reduce police investigation time spent, especially when dealing with historical sexual abuse.
Our submission also focuses on the collaboration of various sectors when supporting victims/survivors, to ensure their needs are met in a holistic way. The justice system can be overwhelming and difficult, and we highlight the need for access to legal assistance for people throughout the process. We demonstrate the importance of non-criminal processes such as the Victims of Crime Assistance Tribunal, as well as a greater focus on training and expertise of trauma-informed practice for all organisations that are involved with people who have experienced sexual harm, including police and decision-makers within the legal system.
Work to be done
Ultimately, there is substantial work still to be done, both in working to prevent the significant numbers of people who commit sexual assault, as well as how we treat survivors, whether they are part of a criminal process or not.
