Towards Justice

Improving the criminal legal system for victim-survivors of sexual assault.

The criminal legal system fails to protect most victim-survivors of sexual assault in NSW.

Only 15% of sexual assaults reported to NSW Police result in criminal proceedings. Only 6% of reported adult sexual assaults result in a conviction.

Most people who experience sexual violence never report to police because they fear they won’t be believed and they lack trust in the criminal legal system. When sexual violence is reported, most cases do not progress. Even where police investigate, many victim-survivors feel so discouraged by poor police processes that they withdraw.

First Nations women experience higher rates of sexual violence and deeply entrenched institutional racism means they face additional barriers and disincentives to engage with the police.

Victim-survivors deserve justice

Despite significant changes to sexual assault law, the influence of rape myths persists in police investigations and courtroom practices. Victim-survivors are blamed, disbelieved, disrespected and re-traumatised while perpetrators are not held to account for their conduct and walk free.

The high prevalence of sexual violence and low prosecution rates drive a social context where sexual assault is effectively decriminalised.

The system needs to change

A system that fails to hold perpetrators of sexual violence accountable is not a ‘justice’ system. We’re calling for changes that centre victim-survivors’ rights and dignity in the criminal process and ensure perpetrators of sexual violence are held accountable.

Our Solutions

Implementation of the recommendations from the ALRC’s Safe, Informed, Supported report

Solutions to improve the criminal legal response to sexual violence already exist. We’re calling for immediate implementation.

Expansion of Sexual Assault Communications Privilege (SACP) protections

We’re calling for extra protection against the invasive use of victim-survivors’ sensitive and personal records in court proceedings.

An independent review mechanism for reports of sexual violence made to NSW Police that do not progress to charge

We’re calling for independent scrutiny of NSW Police investigations and processes where a decision is made not to charge an alleged perpetrator of sexual violence.

Independent legal representation for victim-survivors throughout the criminal process

By providing victim-survivors with independent legal representation, we can more effectively ensure their rights and dignity are upheld throughout the criminal process.