Improving the Justice System Response to Sexual Offences: Report (html)

7. Reporting sexual violence: having information, options and access

Overview

• Reporting sexual violence is an important but often difficult decision.

• Having enough information, options and access when it comes to reporting will help someone take the first step towards seeking justice.

• People who have experienced sexual violence, and those who support them, need clear and practical information about support, reporting and justice options. We recommend a central gateway to this information.

• People should also have a range of reporting options. They should be able to make contact with specialist police and support services online.

• Everyone should have access to support and reporting options, no matter where they live. This includes people in residential care or prison.

Reporting is the first step in a justice system response

7.1 Reporting sexual violence to police is a key step towards a justice system response.^[1] A report is what starts the criminal justice process.

7.2 In Victoria, and around the world, sexual offences are under-reported.^[2] A recent study found that around 87 per cent of women who had experienced sexual assault did not report to the police.^[3]

7.3 These numbers are concerning. They reflect that reporting is a complex decision, influenced by a person’s circumstances, external pressures and society.^[4] In Chapter 2 we discuss the many barriers to reporting sexual violence, such as poor responses from family and friends and concerns about the justice system.

7.4 Shifting these barriers will take more than just a focus on reporting. For example, in Chapter 3 we discuss how important it is to change community attitudes and in Chapter 21 we discuss reforms designed to make the justice system less traumatic for victim survivors.

7.5 The aim of law reform should not just be to increase reporting.^[5] This could actually make things worse if the right conditions are not in place in the justice system. Reporting is a deeply personal decision that has implications for the person reporting and others. It is important to respect the choice of victim survivors who do not report, or do not report straight away.^[6]

7.6 But there are some barriers that we can and should shift. People still do not report because they lack information about their support, reporting and justice options. They do not report because they worry about what will happen in the justice system process. Reform in these areas could assist everyone who wants to report to do so and could improve people’s experience of reporting.^[7]

7.7 We propose important reforms that could give people:

• enough information about their options for support, reporting and justice

• more options in how they report

• better access to reporting processes.

7.8 These reforms build on recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. They are crucial to giving victim survivors genuine control over what they want to do after a sexual offence.^[8]

People need practical information about their options

7.9 In Chapter 3 we discuss the need for people to be able to identify and name sexual violence and know that they can report it to police. People who have experienced sexual violence also need access to clear, accessible and practical information to make an informed decision about reporting.^[9]

7.10 As we discuss in Chapter 2, ‘information’ is a key justice need of victim survivors. This includes information at the reporting and pre-reporting stage.^[10] People need ‘practical information’ about key processes, such as investigating and charging the accused. They need information about people working in the justice system, such as prosecutors, and what they do. They also need to know what the potential outcomes are, like charges, a trial, or the accused pleading guilty.^[11]

7.11 People also want information about what support they will get if they engage with the justice system.^[12] They might also want details of support services and how to connect with them (‘referrals’).^[13]

7.12 These materials would help them understand their rights and what options they have to make the best decision for themselves about what to do.^[14] Research indicates that a clear understanding of what will happen if they report could make the process less uncertain and overwhelming, and make it easier to take the first step.^[15]

7.13 We heard that people in Victoria need more access to information than they currently have. Several victim survivors said that they needed to know more about how to get help, how to contact police and the justice system process. They also wanted to know ‘the consequences of both reporting and not reporting’.^[17] One person said they had to ‘really search … for the right number’ to contact a Sexual Offences and Child Abuse Investigation Team (SOCIT).^[18] Sexual Assault Services Victoria (SAS Victoria) said that increasing awareness of how to access the justice system and support services is a ‘priority’.^[19]

Current sources of information are limited and difficult to navigate

7.14 People can currently access information on websites hosted by different organisations including Victoria Police,^[21] the Victorian Government (Victims of Crime website),^[22] specialist support services (such as SAS Victoria),^[23] or legal services (such as the Office of Public Prosecutions or Victoria Legal Aid).^[24]

7.15 On its website, Victoria Police has an information booklet on reporting sexual violence to the police. This is available in different languages and Easy English.^[25] The Victorian Government Victims of Crime website has an overview of the whole justice process (including reporting and trials) with some information focused on sexual offences.^[26] Specialist sexual assault support services have information on how to contact support services and report to the police.^[27] The Office of Public Prosecutions has information for victims about going to court.^[28]

7.16 But this information does not give the reader a clear sense of what their end-to-end experience might be if they report, what rights and supports they will have at each stage and their range of options. A victim survivor would have to already know to search for these organisations, and then piece together the information they each provide. Yet, as one victim survivor told us she ‘didn’t know anyone would help her, so she didn’t think about it’.^[29]

7.17 When the information is difficult to navigate, victim survivors are left to make sense of this volume and variety of information themselves. This is a problem because research indicates that if the outcomes are uncertain, or the process too complex, people are less likely to engage with it.^[31]

7.18 Of course, sexual assault support services, other community organisations and police can also help people understand their options in person or over the phone. But this type of information seeking requires victim survivors to commit to face-to-face contact, which some may not want to do or be ready to do.^[32]

7.19 The Sexual Assault Crisis Line could also provide anonymous advice and support, independently from the justice system. But it would need to be more widely promoted and funded as a 24-hour service.^[33] Other phonelines, such as the national 1800 RESPECT line are not specific to sexual assault.^[34]

We recommend a central ‘gateway’ to information and support

7.20 We see the value in developing a central information source that people can turn to for their information needs (and to connect with support). We recommend that the Victorian Government set up a central website to do this.

Why a central gateway?

7.21 The Royal Commission into Institutional Responses to Child Sexual Abuse proposed a national website and helpline that would be a ‘gateway to accessible advice and information’ and connect people with support services.^[35] The Commonwealth Government at first noted this recommendation ‘for further consideration’. But it has since pointed to its National Redress Scheme website, as well as its new website on implementing the Royal Commission’s recommendations. These websites have links to support services, but they are likely not quite the ‘gateway’ the Royal Commission was aiming for.^[36]

7.22 Building on the original recommendation of the Royal Commission, we recommend that a Victorian ‘gateway’ to information, advice and support is created. The Royal Commission focused on child sexual abuse, but we see value in a website for sexual violence more broadly.^[37]

7.23 The Royal Commission into Family Violence recommended a website with information on identifying family violence and how to access support.^[38] The Orange Door website was set up in line with the recommendation.

7.24 We agree with the Royal Commission into Institutional Responses to Child Sexual Abuse that a website is needed as ‘a visible, central point of contact’ for victim survivors.^[39] Victim advocates have also called for a ‘well-publicised central contact point’.^[40] This was also an idea that came from a victim survivor.

7.25 Like the two Royal Commissions, we recognise that a website, done well, could be part of an effective response to a social problem.^[42] For people who have experienced sexual violence, websites have value as a ‘comprehensive’ source of information and options.^[43] Websites also enable people to access information anonymously. This may be especially important for victim survivors who would otherwise not approach mainstream services.^[44]

7.26 Like the Royal Commission into Institutional Responses to Child Sexual Abuse, we think this central website would be a ‘gateway’ not just to information, but also to advice and support. We recommend that it enables people to directly connect with support services online or by phone. This would assist people to move seamlessly from deciding to access information to actively seeking support.

7.27 Later in this chapter, we recognise the value of people being able to connect with support services in a range of ways, including online. This reflects what we were told in submissions and consultations—that some people may find it easier or will need to access information and support through text, phone or online systems. A central gateway that integrates a website with phone and online support could make this possible. A better resourced and 24-hour Sexual Assault Crisis Line, for example, could be part of the gateway we propose.

What could the central gateway look like?

7.28 A website would offer people practical information in a user-friendly format. We have seen how websites overseas have given victim survivors tailored information on their options for support, reporting and justice, and connected them with support or police.

7.29 One example is Callisto, a not-for-profit website in the United States of America focused on campus-based sexual violence.^[45] It spells out different options people have following sexual violence and the risks and benefits of each. For example, ‘Engage in Restorative Justice’, ‘Find Other Victims’ or ‘Talk to an Attorney’. It also provides broader information on how to ‘Help a Friend’, ‘Practice Self-Care’, ‘Talk to Someone’ or ‘Report the Incident’. It has a downloadable form that people can fill out and save if they want to record the details of the violence, in case they decide to report to police at a later stage.

Figure 13: Information resources on Callisto

7.30 Another example is the West Midlands Police website in the United Kingdom, which enables a person to shape the advice they receive.^[46] For example, they can select options such as ‘I have been sexually assaulted but don’t want to report it to police at the moment’, with the choice to add further details about themselves, such as ‘I do not speak English very well’ or ‘This happened more than once’.

7.31 We are not endorsing either of these platforms. This would require independent evaluation, which is not yet available, although Callisto does provide testimonials from users—for example, that it ‘was easy to understand, and had many answers to the questions I was having’.^[47] A report from Callisto found that all its users said they would recommend the website to someone else and that people accessing it were six times more likely to report their experience to police or their institution.^[48]

Some principles should guide the central website

7.32 We agree with the principles collectively set out by the Royal Commission into Institutional Responses to Child Sexual Abuse and the Royal Commission into Family Violence on their proposed websites—that any website should:

• build on and integrate existing services^[49]

• be trauma-informed^[50]

• speak to various audiences (including victim survivors, friends and family, bystanders, and the general community) because family and friends are often the people to whom sexual violence is first disclosed^[51]

• have information tailored to diverse needs and experiences (for example, information in different languages, material that addresses specific experiences of sexual violence, like child sexual abuse)^[52]

• discuss support options and enable people to connect with them online or via phone^[53]

• discuss reporting and justice options.^[54]

7.33 Established design principles for legal help-seeking websites should also inform the website design (see Figure 14).

Figure 14: Key design principles for legal help-seeking websites by Stanford University Legal Design Lab^[55]

7.34 A website specifically about sexual violence should have additional features. People can find it difficult to identify they have been sexually assaulted so there should be information on identifying sexual violence and consent.^[56] There are widespread misconceptions in the community about sexual violence, but websites can play a role in challenging these myths and validating victim survivor experiences.^[57] We discuss giving the public this kind of information in Chapter 3.

7.35 We suggest that to meet victim survivors’ information needs (discussed above), the website should have practical information on

• Support options. The site should give information on the supports available for victim survivors throughout the justice process, including victim advocates, intermediaries, and victim legal representation.

• Reporting options. The site should explain the different ways to report, what it means to report and someone’s rights when reporting. This could include advice for people who are not sure if they want to report (such as how to access a ‘just in case’ forensic examination or self-record details of the violence).

• Justice options. The site should explain how the criminal justice process works and what someone could expect to get from it. It should also give information on other justice options such as civil litigation, victims’ compensation, redress schemes and making a complaint to the E-Safety Commissioner, as well as any new options introduced after this inquiry, such as restorative justice and truth telling.

7.36 Knowing about these options early can help people understand that they can have support to report (such as a victim advocate) and do not have to contact police to get a justice outcome (if they decided on the truth-telling option).

7.37 In terms of design—in line with the Royal Commission—the website should be a part of the support service structure, linked to other websites including family violence and specialist sexual assault service websites.^[58] The new Commission that we recommend in Chapter 22 would be ideally placed to oversee the operation of this gateway.

7.38 This gateway to information and support should be accessible to everyone in the Victorian community, so it should provide information and access to support in a range of languages and formats and be tailored to diverse needs.^[59] Like the Orange Door website, it should be user-tested to make sure it provides a safe and accessible experience.^[60]

People should have options to report and disclose online

Reporting options are limited

7.39 We have been told that it is important for victim survivors to have a choice of how they report. The Royal Commission also recommended ‘a range of channels’ for reporting to police.^[62]

7.40 Currently, in Victoria, there are only two ways anyone can report sexual offences to police:

• in-person: to a SOCIT team, at a multi-disciplinary centre or at their local police station

• over the phone: by calling triple-0 or their local SOCIT team.

7.41 People who have experienced historical child sexual abuse can also report to Victoria Police’s SANO Taskforce, in-person or by calling or emailing them.

7.42 Reporting sexual violence to police (or another authority) is different from telling (or ‘disclosing’ to) someone you know.^[63] It can have more serious outcomes for a victim survivor, including an investigation being started without their consent.^[64]

Online reporting is one way to expand reporting options

7.43 It is possible in some Australian states to report sexual violence to the police online. Police forces in New South Wales, Queensland and the Australian Capital Territory all have online reporting options.^[65] Other online ‘reporting’ options exist in Australia and overseas run by organisations other than police, such as universities, support services and other institutions (see Table 9).

7.44 These platforms often have different names: alternative reporting, online reporting, confidential (or anonymous) reporting or informal reporting. While they are all called ‘reporting’, some involve reporting to an institution other than the police. Others may be called online ‘disclosure’ options because they enable disclosures to support services that do not go to police.^[66]

7.45 These online reporting models usually enable people to:

• provide information about an alleged assault by answering tick-box and open-ended questions about the assault and the accused

• have the option to

– report anonymously (without leaving their contact details)

– identify themselves and be contacted by support services or police

• access broader information about how to report or address the violence in another way (for example, by seeking support or telling friends and family).

Table 9: Examples of current online reporting and disclosure options

7.46 Some online reporting systems allow a person’s de-identified report to be passed on to police without their contact details.^[73] Others allow bystanders or third parties to report sexual violence.^[74] Callisto, discussed above, has an optional ‘matching’ service which gives a person the choice to be contacted if the details that they provide about the perpetrator match the information provided in another report.^[75]

7.47 From 2013–2020, Victoria also had a confidential online ‘reporting’ form, the Sexual Assault Reporting Anonymously (SARA) platform, run through a support service.^[76] This service, the South Eastern Centre Against Sexual Assault (SECASA), would pass de-identified reports to the police and give people the option of receiving a follow-up call from a counsellor at SECASA.

7.48 The Victorian Crime Stoppers website, run by Victoria Police, receives anonymous reports of ‘sex crimes’.^[77] But this is a broader crime reporting platform. It does not try to engage victim survivors specifically. It also does not have other features common to sexual violence reporting platforms, such as the option to receive follow-up support.

Online reporting has benefits

7.49 Online reporting options for sexual violence can have important benefits:

• It gives victim survivors a way to ‘break their silence’.^[78]

• It can meet their justice needs, by enabling them to tell their story or to contribute to preventing future violence.^[79]

• It connects people with support.^[80]

• It enables a formal report to police.^[81]

• It gives victim survivors information on their justice options.^[82]

• It gives police and other institutions (such as universities) intelligence and data on sexual offences to help prevent future violence.^[83]

7.50 Confidential online reporting options may be more accessible than the usual reporting pathways to police. They may be easier to access for people living in institutional contexts, such as women in prison.^[84] They could also meet wider communication needs by using written (or non-verbal) reports and languages other than English.^[85]

7.51 We heard strong support for confidential online reporting options in our inquiry. Associate Professor Georgina Heydon and colleagues stated that confidential online reporting had ‘significant potential’ for meeting victim survivors’ therapeutic needs and assisting police.^[86] Associate Professors Anastasia Powell and Asher Flynn agreed that confidential online reporting could ‘make a real difference’.^[87] Dr Bianca Fileborn and colleagues said that the limited research available shows that confidential online reporting could help police and assist victim survivors to report and seek support.^[88] We also heard support from people who worked with the previous SARA platform and others.^[89]

7.52 Some people saw online reporting options as another way to make reporting more accessible (along with reporting over the phone or from your own home).^[90] Others focused on the benefits in enabling informal reporting to a support service rather than police.^[91]

7.53 As discussed earlier, online service platforms (including apps) are starting to be seen as positive interventions for sexual violence.^[99] Research also indicates that online forums for disclosing sexual violence can satisfy victim survivors’ justice needs (for example, to have a voice or to feel validated).^[100] These are not reporting platforms, but like reporting platforms, they offer a different form of recognition from that of the criminal justice process.

Confidential online reporting raises some risks

7.54 Supporters of online reporting models have said how important it is to make sure that someone’s report is not used in a way they do not expect.^[101] A first and key concern we heard about online reporting is that this may be impossible to ensure. The law may require disclosures of reports through search warrants, freedom of information requests and subpoenas.^[102]

7.55 This is not a hypothetical concern—in the past, the SARA platform was subject to search warrants and police requests for people’s contact details.^[103] In our roundtable on reporting, Victoria Police confirmed that their ‘interest is being able to obtain that information if needed’. They gave examples of situations where a child was at risk or there was a pattern of offending.^[104] SAS Victoria stressed that if these platforms are designed for victim survivors, then ‘the police may need to get [the information] another way’.^[105]

7.56 Secondly, making an online report and then a formal statement to police could lead to disadvantage in court. If there are differences between someone’s two reports, this could be used to discredit their account in court.^[106] We heard this concern from a range of people, including sexual assault support services, Victoria Police, the Criminal Bar Association and SAS Victoria.^[107] This risk does exist for anyone who makes a disclosure and then a formal report, although the impact of any differences may be greater when someone’s initial report is both written and detailed.

7.57 A third concern relates to weaknesses in existing models. We were told that police-run reporting forms in other Australian states were poorly designed: too lengthy and not trauma-informed.^[108] Victoria Police also noted the risk of not understanding the status of the ‘report’. People have reported sexual violence to an app (such as dating and ride-share apps) without these reports being passed on to police. Indeed, some people using SARA did think they had reported to police.^[109]

7.58 Fourthly, there were other concerns about how effective an online reporting model was. For example, Victoria Police was concerned about other effects of an online reporting model, including more delays in the criminal justice process.^[110] We heard scepticism about online reporting from people who have experienced sexual violence. Some felt that online reporting would not have addressed the many reasons they did not report.^[111] Others thought it could even create a less supportive reporting experience and that reforms should instead focus on improving how victim survivors are treated in the justice system.^[112] We discuss these types of reform in other chapters (Chapters 12 and 21).

7.59 Finally, there is still a lack of research on or evaluation of online reporting models; this is an ‘emerging area of police and service system practice’, but studies are starting to be published.^[113]

7.60 These risks highlight the need for online reporting options to be well resourced and supported with strong protocols around data management.^[114] Some of these risks and the ways they could be managed are discussed further below.

We recommend an online pathway to support and reporting

7.61 Seeking support and reporting are difficult processes, but they can be made easier. Making these processes more accessible could shift some barriers to reporting faced by people who have experienced sexual violence. We see the benefits of making support and reporting more accessible online.

7.62 But the risks of online reporting models are real and need to be managed. The risks seem to be due to online reporting models blurring the line between disclosing sexual violence (to seek support or make sense of what happened) and reporting it (which has legal outcomes).

7.63 We recommend an online pathway to (1) sexual assault support services and (2) specialist SOCIT police. Keeping online contact with support services and police separate would make the most of the benefits of online reporting, while helping to manage its risks.

People should be able to disclose to a support service, online

7.64 The support for online reporting platforms was mostly due to their value in connecting victim survivors with support services. Those involved in studying the SARA model confirm ‘its primary purpose was to connect survivors with support services’.^[115] As we discuss in Chapter 12, this can be an end in itself. While reaching out for support could be a step towards making a formal report, there should be no ‘pressure’ on victim survivors to do so.^[116]

7.65 We can see that online reporting models like SARA made it less difficult for victim survivors to disclose their experiences. They could disclose at a time and from a place that suited them, taking a potential first step towards reporting.

7.66 We also heard that some victim survivors found it easier to access support through text, phone calls and online systems. One LGBTIQA+ support service explained that being able to text a support service can be ‘a toe in the water’ instead of ‘a very confronting emotional phone call’.^[117] We note earlier how technology can enable more anonymity for a person seeking help. Importantly, services like the Sexual Assault Crisis Line do allow for anonymous contact.^[118]

7.67 Young people might prefer online support options.^[119] Research indicates that young people might feel a greater sense of control in online interactions and be more likely to disclose experiences of sexual violence.^[120] People in regional communities may also find it a more private way to access support.^[121] Djirra indicated that phone counselling options have increased service use by women in Aboriginal communities.^[122]

7.68 We see value in victim survivors connecting with specialist sexual assault support services in a range of ways, including online. SAS Victoria was positive about how it was resourced to keep engaging with clients in different ways during coronavirus (COVID-19) restrictions.^[123]

People should be able to contact police online

7.69 We recommend greater access to police online. As discussed earlier, the Royal Commission recommended that police forces set up a range of channels (including online) for reporting child sexual abuse. In response, the Victorian Government noted Crime Stoppers as an online reporting pathway and the option to report by phone.^[124] The Royal Commission’s recommendation could extend to sexual violence more broadly, and more could be done to implement its recommendation.

7.70 Victoria Police should make it possible to connect with SOCIT teams online, including to start a report of sexual violence. This could build on existing police practice in Victoria, such as reporting to the SANO Taskforce via email.

7.71 Being able to contact police online is just one way to make police reporting more accessible. We also discuss the need to enable reporting from a safe place (such as a community support service) in Chapters 8 and 17.

Key principles should guide online engagement

7.72 Our research, submissions and consultations have identified some important principles for online disclosure or reporting. We have added principles that might address some of the risks with online reporting.

7.73 If someone wanted to make an anonymous report to the police just to provide intelligence on sexual violence in the community, they could still use the Crime Stoppers form or helpline. But Crime Stoppers has a limited role as an online reporting option for sexual violence since it is not a victim-centred platform, in line with the principles that we identify (such as follow-up support).

People need equal access to reporting no matter where
they live

7.74 We heard that people living in institutional contexts face unique barriers to reporting. These include:

• People not having access to a trusted person they can tell.^[134]

• People’s disclosures being minimised or not believed by staff or carers.^[135]

• Staff or carers not knowing how to respond to disclosures, including when and how to report to police.^[136]

• People not always having access to specialist sexual assault support services.^[137]

• Police not always coming to prisons or mental health in-patient units to take someone’s report.^[138]

7.75 These barriers were experienced by children and young people in residential care, people in mental health in-patient units, women in prison and people in residential aged care. One roundtable participant said that in these situations, ‘justice is not even in the picture’.^[139]

7.76 These concerns are serious. As the Health Law and Ageing Research Unit told us: ‘all citizens of Victoria should have the same legal and human rights and access to the same services irrespective of their place of residence’.^[140] The barriers listed above raise complex issues of staff training and clear institutional reporting pathways. Many of the reforms needed will be specific to these contexts, which all have their own regulatory frameworks, oversight mechanisms and responsible government departments.

7.77 We also note the important reform recommendations of recent Commonwealth and Victorian inquiries. They have looked into these concerns closely. These include the Royal Commission into Institutional Responses to Child Sexual Abuse, the Royal Commission into Victoria’s Mental Health System, the Commonwealth Royal Commission into Aged Care Quality and Safety and reports of the Victorian Ombudsman, the Commission for Children and Young People and the Mental Health Complaints Commission.^[141] Their recommendations are at different stages of implementation.

7.78 Together these inquiries and our submissions and consultations identify common factors that, if in place, would make sure that people in residential and institutional environments can report to police if they want (and have support to do so):

• Information. Everyone should have access to information about their support, reporting and justice options and how to make a complaint about their service provider.^[142]

• Safe spaces to disclose. Everyone should have access to trusted and independent people to whom they can disclose sexual violence, for example an independent visitor.^[143]

• Being believed. All disclosures of sexual violence should be taken seriously by staff.^[144]

• Clear guidelines. Staff should have clear guidance on how to respond to sexual violence.^[145]

• Access to support. People should be assisted to access specialist sexual assault counselling.^[146] We recommend elsewhere that centres against sexual assault (CASAs) should be resourced to meet this need (see Chapter 4).

• Mandatory reporting to police. All child sexual abuse (or suspected child sexual abuse) must be reported to police, even if other regulatory or reportable conduct schemes exist.^[147]

• Reporting to police—supported decision making and access for adults. Adults who have experienced sexual violence should receive the supports they need (such as access to a counsellor-advocate) to make an informed decision about reporting.^[148] If they do want to report, they should be supported to do so.^[149]

• Police and service providers working together. Police and service providers need clear guidelines or protocols about how they work together on allegations of sexual violence.^[150]

7.79 Work on implementing the recommendations of these inquiries must continue until these common factors are achieved. To support this, in Chapter 4, we propose a working group of regulators be set up as part of the Sexual Assault Strategy. The working group should develop and implement best practice across different residential contexts.

7.80 With respect to the specific issue of reporting, one area of concern was whether Victoria Police investigate all complaints of sexual violence that institutions or regulatory schemes refer to it.^[151] In Chapter 4, we also recommend that the working group of regulators should map the criminal justice response to institutional complaints and work with Victoria Police to address these concerns. Victoria Police agreed that it was important for people to have clear pathways to reporting, regardless of where they live.^[152] They are open to suggestions for reform regarding particular institutional contexts.

7.81 In the next chapter, we also recommend that Victoria Police SOCIT teams should build relationships with organisations in their regions, which should also cover residential services and other institutions.

1. Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 396–7.

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2. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

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3. Australian Institute of Health and Welfare (Cth), Family, Domestic and Sexual Violence in Australia: Continuing the National Story 2019 (Report, 5 June 2019) 17 <https://www.aihw.gov.au/reports/domestic-violence/family-domestic-sexual-violence-australia-2019>. This study reports on the findings of the 2016 Personal Safety Survey, a national self-report survey that measures people’s experiences of violence in the last 12 months. The survey indicates that 87% of women did not contact the police about their most recent sexual assault by a male. See Australian Bureau of Statistics, Personal Safety, Australia (Catalogue No 4906.0, 8 November 2017) <https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release>. Sexual assault is defined as including ‘rape; attempted rape; aggravated sexual assault (assault with a weapon); indecent assault; penetration by objects; forced sexual activity that did not end in penetration; and attempts to force a person into sexual activity’: see Australian Institute of Health and Welfare (Cth), Family, Domestic and Sexual Violence in Australia: Continuing the National Story 2019 (Report, 5 June 2019) 9, 16 <https://www.aihw.gov.au/reports/domestic-violence/family-domestic-sexual-violence-australia-2019>. See also Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 165.

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4. Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 118 <https://aic.gov.au/publications/archive/no-longer-silent>.

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5. See, eg, Wendy Larcombe, ‘Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law’ (2011) 19(1) Feminist Legal Studies 27, 42. See also Oona Brooks-Hay, ‘Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police’ (2020) 15(2) Feminist Criminology 174, 189–91.

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6. See Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 8, 18 <https://aic.gov.au/publications/archive/no-longer-silent>.

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7. Wendy Larcombe, ‘Falling Rape Conviction Rates: (Some) Feminist Aims and Measures for Rape Law’ (2011) 19(1) Feminist Legal Studies 27, 34, 41; Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 399.

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8. See Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 118 <https://aic.gov.au/publications/archive/no-longer-silent>.

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9. Submission 22 (knowmore legal service). See also Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) vi, 49, 153 <https://aic.gov.au/publications/archive/no-longer-silent>; Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendation 4.

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10. Nicole Bluett-Boyd and Bianca Fileborn, Victim/Survivor-Focused Justice Responses and Reforms to Criminal Court Practice (Research Report No 27, Australian Institute of Family Studies (Cth), April 2014) 27 <https://aifs.gov.au/publications/victimsurvivor-focused-justice-responses-and-reforms-criminal-court-practice>.

    ↑

11. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 31.

    ↑

12. Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 121 <https://aic.gov.au/publications/archive/no-longer-silent>.

    ↑

13. Nicole Bluett-Boyd and Bianca Fileborn, Victim/Survivor-Focused Justice Responses and Reforms to Criminal Court Practice (Research Report No 27, Australian Institute of Family Studies (Cth), April 2014) 27 <https://aifs.gov.au/publications/victimsurvivor-focused-justice-responses-and-reforms-criminal-court-practice>.

    ↑

14. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 31.

    ↑

15. Marta Garnelo et al, Applying Behavioral Insights to Intimate Partner Violence: Improving Services for Survivors in Latin America and the Caribbean (Report, Behavioural Insights Ltd, 2019) 25–6.

    ↑

16. Consultation 59 (Ashleigh Rae, Nicole Lee, Penny).

    ↑

17. This was raised in multiple responses to our online feedback form: Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021). Another person suggested a step-by-step video ‘to demystify the criminal justice process’: Consultation 35 (A victim survivor of sexual assault).

    ↑

18. Ibid.

    ↑

19. Submission 17 (Sexual Assault Services Victoria).

    ↑

20. Consultation 81 (Danielle, a victim survivor).

    ↑

21. ‘Reporting to Police Resources’, Victoria Police (Web Page, July 2021) <http://www.police.vic.gov.au/resources-and-fact-sheets-0>.

    ↑

22. Victorian Government, ‘Sexual Assault’, Victims of Crime (Web Page, 2 June 2021) <http://www.victimsofcrime.vic.gov.au/the-crime/types-of-crime/sexual-assault>.

    ↑

23. See, eg, ‘Reporting Sexual Assault to Police’, Sexual Assault Services Victoria (Web Page) <https://www.sasvic.org.au/reporting-sexual-assault-to-police>.

    ↑

24. ‘Reporting Sexual Assault to the Police’, Victoria Legal Aid (Web Page, 3 September 2020) <https://www.legalaid.vic.gov.au/find-legal-answers/sex-and-law/sexual-assault/reporting-sexual-assault-to-police>; ‘Victims: Information for Victims of Crime to Understand Your Role, Provide Support, Assistance and Help’, Office of Public Prosecutions Victoria (Web Page, 2017) <https://victimsandwitnesses.opp.vic.gov.au/victims/victims>.

    ↑

25. See Victoria Police, Reporting Sexual Offences to Police (Booklet, 2020) <https://www.police.vic.gov.au/sites/default/files/2020-03/Reporting%20Sexual%20Offences_A6%20booklet_web.pdf>.

    ↑

26. Victorian Government, ‘Sexual Assault’, Victims of Crime (Web Page, 2 June 2021) <http://www.victimsofcrime.vic.gov.au/the-crime/types-of-crime/sexual-assault>.

    ↑

27. See, eg, ‘Helpful Information: Reporting Sexual Abuse to the Police’, WestCASA (Web Page, 2021) <https://westcasa.org.au/helpful-info/reporting-sexual-abuse-to-the-police/>; ‘Reporting Sexual Assault to Police’, Sexual Assault Services Victoria (Web Page) <https://www.sasvic.org.au/reporting-sexual-assault-to-police>.

    ↑

28. ‘Victims: Information for Victims of Crime to Understand Your Role, Provide Support, Assistance and Help’, Office of Public Prosecutions Victoria (Web Page, 2017) <https://victimsandwitnesses.opp.vic.gov.au/victims/victims>.

    ↑

29. Consultation 31 (Geraldine, Deputy Chairperson of the Victim Survivors’ Advisory Council).

    ↑

30. Ibid.

    ↑

31. Marta Garnelo et al, Applying Behavioral Insights to Intimate Partner Violence: Improving Services for Survivors in Latin America and the Caribbean (Report, Behavioural Insights Ltd, 2019) 7, 25.

    ↑

32. See, eg, Michelle L Munro-Kramer, Alexandra C Dulin and Caroline Gaither, ‘What Survivors Want: Understanding the Needs of Sexual Assault Survivors’ (2017) 65(5) Journal of American College Health 297, 303.

    ↑

33. See Submissions 10 (Carolyn Worth AM and Mary Lancaster), 17 (Sexual Assault Services Victoria), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton).

    ↑

34. Submission 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton).

    ↑

35. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 9.5 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

36. Australian Government, Annual Progress Report 2020 (Implementation of recommendations from the Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse, Report, 2020) 138 <https://www.childabuseroyalcommissionresponse.gov.au/annual-progress-reporting>; Australian Government, Annual Progress Report 2019 (Implementation of recommendations from the Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse, Report, 2019) 100 <https://www.childabuseroyalcommissionresponse.gov.au/annual-progress-reporting>; Australian Government, Australian Government Response to the Royal Commission into Institutional Responses to Child Sexual Abuse (Report, Attorney-General’s Department (Cth), 13 June 2018) 34 <https://apo.org.au/node/176271>. In relation to the government’s reference to the National Redress Scheme website, it should be noted that the Royal Commission into Institutional Responses to Child Sexual Abuse observed that more was needed: ‘While the Australian Government has announced funding for a website and telephone helpline to provide information about the Commonwealth Redress Scheme, we have identified a need from a larger group of people for a broader range of information and support’: Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

37. On the value of websites for sexual violence specifically: see Katherine W Bogen et al, ‘Supporting Students in Responding to Disclosure of Sexual Violence: A Systematic Review of Online University Resources’ (2019) 25(1) Journal of Sexual Aggression 31; Emily M Lund and Katie B Thomas, ‘Necessary But Not Sufficient: Sexual Assault Information on College and University Websites’ (2015) 39(4) Psychology of Women Quarterly 530; Michelle L Munro-Kramer, Alexandra C Dulin and Caroline Gaither, ‘What Survivors Want: Understanding the Needs of Sexual Assault Survivors’ (2017) 65(5) Journal of American College Health 297.

    ↑

38. Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) Recommendation 10 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

    ↑

39. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

40. See Submission 10 (Carolyn Worth AM and Mary Lancaster). See also Submission 17 (Sexual Assault Services Victoria).

    ↑

41. Submission 15 (Danielle).

    ↑

42. On the value of websites: see Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 2, 26 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

43. Michelle L Munro-Kramer, Alexandra C Dulin and Caroline Gaither, ‘What Survivors Want: Understanding the Needs of Sexual Assault Survivors’ (2017) 65(5) Journal of American College Health 297, 303.

    ↑

44. Ibid.

    ↑

45. ‘Callisto’, Callisto (Web Page, 2020) <https://mycallisto.org/>.

    ↑

46. ‘Sexual Assault’, West Midlands Police (Web Page) <https://www.west-midlands.police.uk/your-options/sexual-assault>.

    ↑

47. Callisto, Year 3 of Combating Sexual Assault: Empowering Survivors. And Advancing Justice (2017–2018 Academic Year Report, Callisto, 2018) 10 <https://static1.squarespace.com/static/5ff5d891409193661a0718c0/t/604139ce25f8f753eb7608bc/1614887385338/Callisto_Year_3_final.pdf>.

    ↑

48. Ibid 3.

    ↑

49. Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) Recommendation 10 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 176, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

50. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 179 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

51. Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 6 <https://aic.gov.au/publications/archive/no-longer-silent>; Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 2, 26 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

    ↑

52. See Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>. On the need to improve community understandings of child sexual abuse: see Submission 57 (Commission for Children and Young People (Vic)). On the need for information tailored for young people specifically, see Consultation 85 (Roundtable on the experience of children and young people).

    ↑

53. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 9.5 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

54. Ibid. It could also facilitate referrals from Victoria Police: see Consultation 89 (Sexual Assault Services Victoria (No 2)).

    ↑

55. ‘Design Principles’, A Better Legal Internet (Web Page) <http://betterinternet.law.stanford.edu/design-guide/design-principles/>.

    ↑

56. See Emily M Lund and Katie B Thomas, ‘Necessary But Not Sufficient: Sexual Assault Information on College and University Websites’ (2015) 39(4) Psychology of Women Quarterly 530, 531.

    ↑

57. Ibid. See more broadly Denise Lievore, No Longer Silent: A Study of Women’s Help-Seeking Decisions and Service Responses to Sexual Assault (Report, Australian Institute of Criminology (Cth), June 2005) 120 <https://aic.gov.au/publications/archive/no-longer-silent>. The comprehensive document already prepared by Victoria Police and the Australian Institute of Family Studies which identifies and dispels common societal misunderstandings about sexual harm could be a useful source to build on: Australian Institute of Family Studies (Cth) and Victoria Police, Challenging Misconceptions about Sexual Offending: Creating an Evidence‑based Resource for Police and Legal Practitioners (Report, 2017) <https://www.police.vic.gov.au/sites/default/files/2019-01/For-Internet–Challenging-Misconceptions-Report.pdf>.

    ↑

58. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

59. See also Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 178 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

60. The development of The Orange Door website involved researching and testing with users: Victorian Government, ‘Create a Website to Provide Information for Victims, Families, Friends and Communities’, VIC.GOV.AU (Web Page, 18 May 2020) <https://www.vic.gov.au/family-violence-recommendations/create-website-provide-information-victims-families-friends-and>.

    ↑

61. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes). See also Submission 22 (knowmore legal service).

    ↑

62. Submission 22 (knowmore legal service); Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendation 4.c.

    ↑

63. ‘Difference between Disclosure and Reporting’, Australian National University (Web Page) <https://www.anu.edu.au/students/health-safety-wellbeing/violence-sexual-assault-support/difference-between-disclosure-and>. Other authorities that might receive reports of sexual violence include employers and universities, eg through informal online reporting platforms, discussed later in this chapter.

    ↑

64. Victoria Police, Reporting Sexual Offences to Police (Booklet, 2020) 6 <https://www.police.vic.gov.au/sites/default/files/2020-03/Reporting%20Sexual%20Offences_A6%20booklet_web.pdf>.

    ↑

65. See ‘ACT Policing: Reporting Historic Sexual Assault’, Australian Federal Police (Web Page) <https://forms.afp.gov.au/online_forms/actpolicing_reporting_sexual_assault>; ‘Alternative Reporting Options’, Queensland Police Service (Web Page, 26 October 2020) <https://www.police.qld.gov.au/units/victims-of-crime/adult-sexual-assault/alternative-reporting-options>; ‘Sexual Assault Reporting Option’, New South Wales Police Force (Web Page) <https://www.police.nsw.gov.au/crime/sex_crimes/adult_sexual_assault/sexual_assault_categories/sexual_assault_reporting_option>.

    ↑

66. Eg ‘Sexual Assault Disclosure Scheme’, Bravehearts (Web Page) <https://bravehearts.org.au/SADS>.

    ↑

67. ‘Sexual Assault Reporting Option’, New South Wales Police Force (Web Page) <https://www.police.nsw.gov.au/crime/sex_crimes/adult_sexual_assault/sexual_assault_categories/sexual_assault_reporting_option>.

    ↑

68. ‘Alternative Reporting Options’, Queensland Police Service (Web Page, 26 October 2020) <https://www.police.qld.gov.au/units/victims-of-crime/adult-sexual-assault/alternative-reporting-options>.

    ↑

69. ‘Sexual Assault Disclosure Scheme’, Bravehearts (Web Page) <https://bravehearts.org.au/SADS>.

    ↑

70. ‘UNSW Sexual Misconduct Portal’, UNSW Sydney (Web Page) <https://www.edi.unsw.edu.au/sexual-misconduct/make-report>.

    ↑

71. ‘Image-Based Abuse Report’, ESafety Commissioner (Web Page) <https://forms.esafety.gov.au/Infiniti/Produce/wizard/de0b7c64-140a-4796-9846-3c7a3b4e5426/?portal=1>.

    ↑

72. ‘Make a Complaint’, Victorian Equal Opportunity and Human Rights Commission (Web Page) <https://makeacomplaint.humanrights.vic.gov.au/>.

    ↑

73. Such as ‘Sexual Assault Disclosure Scheme’, Bravehearts (Web Page) <https://bravehearts.org.au/SADS>.

    ↑

74. ‘UNSW Sexual Misconduct Portal’, UNSW Sydney (Web Page) <https://www.edi.unsw.edu.au/sexual-misconduct/make-report>.

    ↑

75. ‘Callisto’, Callisto (Web Page, 2020) <https://mycallisto.org/>.

    ↑

76. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Georgina Heydon and Anastasia Powell, ‘Written-Response Interview Protocols: An Innovative Approach to Confidential Reporting and Victim Interviewing in Sexual Assault Investigations’ (2018) 28(6) Policing and Society 631, 635–6.

    ↑

77. ‘Report Crime Information’, Crime Stoppers Victoria (Web Page) <https://www.crimestoppersvic.com.au/report-a-crime>.

    ↑

78. Submission 10 (Carolyn Worth AM and Mary Lancaster). See also Sexual Assault Services Victoria and centres against sexual assault in Consultation 78 (Roundtable on reporting).

    ↑

79. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Consultation 5 (Associate Professors Anastasia Powell and Asher Flynn) (on prevention).

    ↑

80. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton); Georgina Heydon, Nicola Henry and Rachel Loney-Howes, Models of Reporting Sexual Assault to Police (Critical Policy Brief, Gendered Violence and Abuse Research Alliance, 2021).

    ↑

81. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Consultation 5 (Associate Professors Anastasia Powell and Asher Flynn); Sexual Assault Services Victoria and centres against sexual assault in Consultation 78 (Roundtable on reporting).

    ↑

82. Submissions 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

    ↑

83. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes). See also Submission 10 (Carolyn Worth AM and Mary Lancaster). This can include matching alleged offenders from different reports: Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Consultation 5 (Associate Professors Anastasia Powell and Asher Flynn).

    ↑

84. Submissions 22 (knowmore legal service), 45 (Victims of Crime Commissioner); Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendation 6. See also ibid 410.

    ↑

85. Georgina Heydon and Anastasia Powell, ‘Written-Response Interview Protocols: An Innovative Approach to Confidential Reporting and Victim Interviewing in Sexual Assault Investigations’ (2018) 28(6) Policing and Society 631, 639.

    ↑

86. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

    ↑

87. Consultation 5 (Associate Professors Anastasia Powell and Asher Flynn).

    ↑

88. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes).

    ↑

89. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 17 (Sexual Assault Services Victoria), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton), 45 (Victims of Crime Commissioner); Consultations 45 (Sex Work Law Reform Victoria), 50 (End Rape on Campus). Others were open to the idea when it was proposed in consultations: Consultations 11 (Family violence and sexual assault practitioners focusing on disability inclusion), 17 (Roundtable consultation focused on the experience of women with disability), 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

    ↑

90. See, eg, Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021); Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes).

    ↑

91. See, eg, Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

    ↑

92. Ibid.

    ↑

93. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

    ↑

94. Consultation 5 (Associate Professors Anastasia Powell and Asher Flynn).

    ↑

95. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill). This submission also discusses an (unpublished) analysis of SARA files which shows that bystanders and third parties also used SARA to report sexual violence.

    ↑

96. Ibid.

    ↑

97. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

98. Consultation 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault).

    ↑

99. Laura Tarzia et al, ‘“Technology Doesn’t Judge You”: Young Australian Women’s Views on Using the Internet and Smartphones to Address Intimate Partner Violence’ (2017) 35(3) Journal of Technology in Human Services 199, 205–13.

    ↑

100. See, eg, Michael Salter, ‘Justice and Revenge in Online Counter-Publics: Emerging Responses to Sexual Violence in the Age of Social Media’ (2013) 9(3) Crime Media Culture 225, 237; Bianca Fileborn, ‘Online Activism and Street Harassment: Digital Justice or Shouting into the Ether?’ (2014) 2(1) Griffith Journal of Law and Human Dignity 32, 43–8.

     ↑

101. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes).

     ↑

102. Criminal Bar Association in Consultations 78 (Roundtable on reporting), 95 (Victoria Legal Aid (No 2)).

     ↑

103. Sexual Assault Services Victoria and centres against sexual assault in Consultations 78 (Roundtable on reporting), 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault).

     ↑

104. Victoria Police in Consultation 78 (Roundtable on reporting).

     ↑

105. See their comments in ibid.

     ↑

106. There are jury directions that seek to counter misconceptions that jurors might have about differences in a person’s account: Jury Directions Act 2015 (Vic) s 54D; Judicial College of Victoria, ‘4.26 Differences in a Complainant’s Account’, Criminal Charge Book (Online Manual, 2 October 2017) <https://www.judicialcollege.vic.edu.au/eManuals/CCB/65339.htm>. This risk could be partly addressed by extending these directions to cover online reports (see Ch 20).

     ↑

107. Submission 68 (Victoria Police); Criminal Bar Association, Sexual Assault Services Victoria and centres against sexual assault in Consultation 78 (Roundtable on reporting).

     ↑

108. Submissions 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes), 10 (Carolyn Worth AM and Mary Lancaster), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

     ↑

109. Consultation 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault).

     ↑

110. Submission 68 (Victoria Police).

     ↑

111. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

     ↑

112. Submission 15 (Danielle).

     ↑

113. Submission 45 (Victims of Crime Commissioner). See, eg, Georgina Heydon and Anastasia Powell, ‘Written-Response Interview Protocols: An Innovative Approach to Confidential Reporting and Victim Interviewing in Sexual Assault Investigations’ (2018) 28(6) Policing and Society 631. Further studies are expected to be published in 2021, including ‘Alternative and Confidential Reporting Options for Sexual Assault: An Exploration of Their Purpose, Use and Potential in Australia’, Digital Ethnography Research Centre (Web Page, 24 May 2020) <https://digital-ethnography.com/alternative-and-confidential-reporting-options-for-sexual-assault-an-exploration-of-their-purpose-use-and-potential-in-australia/>.

     ↑

114. Consultation 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault); Submissions 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill), 17 (Sexual Assault Services Victoria).

     ↑

115. Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill). See also Consultation 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault).

     ↑

116. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes).

     ↑

117. Consultation 22 (First roundtable on the experience of LGBTIQA+ people).

     ↑

118. See Submission 17 (Sexual Assault Services Victoria).

     ↑

119. See Consultations 68 (Youthlaw), 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

     ↑

120. See, in order, Laura Tarzia et al, ‘“Technology Doesn’t Judge You”: Young Australian Women’s Views on Using the Internet and Smartphones to Address Intimate Partner Violence’ (2017) 35(3) Journal of Technology in Human Services 199, 200–1; Ruth Webber, ‘Sexual Assault in Relationships: Seeking Help on a Q&A Website’ (2014) 67(3) Australian Social Work 363, 364–6.

     ↑

121. Consultation 76 (YACVic and YACVic Young People).

     ↑

122. Submission 9 (Djirra).

     ↑

123. Consultation 89 (Sexual Assault Services Victoria (No 2)).

     ↑

124. Victorian Government, Annual Report 2020—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, December 2020) 22 <https://content.vic.gov.au/sites/default/files/2020-12/RCIIR%20to%20Child%20Sexual%20Abuse%20Annual%20Report20.pdf>.

     ↑

125. Submissions 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Consultation 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

     ↑

126. Submission 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton).

     ↑

127. Consultation 68 (Youthlaw). See also Consultation 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

     ↑

128. Consideration should be given to whether this information can still be gathered in a free-form way, given the potential dangers of specific questions or tick-boxes contradicting later statements: see Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

     ↑

129. Submission 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes).

     ↑

130. Ibid; Submission 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill).

     ↑

131. Submissions 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes), 60 (Associate Professor Georgina Heydon, Associate Professor Nicola Henry, Dr Rachel Loney-Howes and Dr Tully O’Neill); Consultations 5 (Associate Professors Anastasia Powell and Asher Flynn), 17 (Roundtable consultation focused on the experience of women with disability); Georgina Heydon and Anastasia Powell, ‘Written-Response Interview Protocols: An Innovative Approach to Confidential Reporting and Victim Interviewing in Sexual Assault Investigations’ (2018) 28(6) Policing and Society 631, 639.

     ↑

132. Submission 17 (Sexual Assault Services Victoria); Consultation 82 (Katherine Dowson, South Eastern Centre Against Sexual Assault).

     ↑

133. See, eg, Consultation 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

     ↑

134. People in mental health in-patient units may not trust staff enough to disclose to them: Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

     ↑

135. Submissions 3 (Health Law and Ageing Research Unit, Monash University), 21 (Victorian Aboriginal Child Care Agency), 57 (Commission for Children and Young People (Vic)); Consultations 11 (Family violence and sexual assault practitioners focusing on disability inclusion), 32 (Anonymous member, Victim Survivors’ Advisory Council), 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

     ↑

136. Submission 3 (Health Law and Ageing Research Unit, Monash University).

     ↑

137. Ibid; Submission 57 (Commission for Children and Young People (Vic)); Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

     ↑

138. Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

     ↑

139. Consultation 11 (Family violence and sexual assault practitioners focusing on disability inclusion).

     ↑

140. Submission 3 (Health Law and Ageing Research Unit, Monash University).

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141. Commission for Children and Young People (Vic), In Our Own Words (Report, 27 November 2019) <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/in-our-own-words/>; Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>; Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>; Royal Commission into Aged Care Quality and Safety (Final Report, 1 March 2021) <https://agedcare.royalcommission.gov.au/publications/final-report>; Royal Commission into Victoria’s Mental Health System (Final Report, 3 February 2021) <https://finalreport.rcvmhs.vic.gov.au/>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) <https://www.childabuseroyalcommission.gov.au/final-report>; Victorian Ombudsman, Investigation into Complaints about Assaults of Five Children Living in Child Protection Residential Care Units (Investigation Report PP No 177, 29 October 2020) <https://www.ombudsman.vic.gov.au/our-impact/investigation-reports/investigation-into-complaints-about-assaults-of-five-children-living-in-child-protection-residential-care-units-1/>.

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142. Commission for Children and Young People (Vic), In Our Own Words (Report, 27 November 2019) Recommendation 6 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/in-our-own-words/>; Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 9 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>; Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) 69 (Recommendations-Orientation) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendations 6.6 (Standard 6), 7.7 <https://www.childabuseroyalcommission.gov.au/final-report>. See also Recommendations 12.10, 15.9. For children who have complaints made on their behalf, this should include information about compensation: Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 3 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>. This might also require the establishment of complaints or oversight bodies: Ibid.

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143. Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 3 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 15.4(c) (regarding youth detention) <https://www.childabuseroyalcommission.gov.au/final-report>; Victorian Ombudsman, Investigation into Complaints about Assaults of Five Children Living in Child Protection Residential Care Units (Investigation Report PP No 177, 29 October 2020) Recommendation 3 <https://www.ombudsman.vic.gov.au/our-impact/investigation-reports/investigation-into-complaints-about-assaults-of-five-children-living-in-child-protection-residential-care-units-1/>. Another option is a dedicated staff member with a sexual violence portfolio: Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 2 (Expert specialist practitioner for every residential care unit) <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>.

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144. In its report on out-of-home care, the Commission for Children and Young People recommended ‘a rigorous and thorough investigation when a sexual abuse allegation is made, without predetermining the validity of the allegation’: Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 3 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>. See also Department of Health (Vic), Promoting Sexual Safety, Responding to Sexual Activity, and Managing Allegations of Sexual Assault in Adult Acute Inpatient Units (Chief Psychiatrist’s Guideline, June 2012) 20–1. This Guideline was endorsed by the Royal Commission into Victoria’s Mental Health System (Final Report, 3 February 2021) Recommendation 13 <https://finalreport.rcvmhs.vic.gov.au/>. To ensure appropriate staff responses to sexual violence, staff training is also needed: see Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 9 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>; Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) 83 (Recommendations—Trauma-informed care responses) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>.

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145. See, in relation to child sexual abuse, Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 7.7 <https://www.childabuseroyalcommission.gov.au/final-report>. See also Department of Health (Vic), Promoting Sexual Safety, Responding to Sexual Activity, and Managing Allegations of Sexual Assault in Adult Acute Inpatient Units (Chief Psychiatrist’s Guideline, June 2012) 20 <https://www2.health.vic.gov.au:443/about/key-staff/chief-psychiatrist/chief-psychiatrist-guidelines/promoting-sexual-safety>.

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146. See Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) 83 (Recommendations—Trauma-informed care responses) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>; Department of Health (Vic), Promoting Sexual Safety, Responding to Sexual Activity, and Managing Allegations of Sexual Assault in Adult Acute Inpatient Units (Chief Psychiatrist’s Guideline, June 2012) 22, 28 <https://www2.health.vic.gov.au:443/about/key-staff/chief-psychiatrist/chief-psychiatrist-guidelines/promoting-sexual-safety>. See also Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) Recommendation 3 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>.

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147. Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendations 32, 34; Victorian Ombudsman, Investigation into Complaints about Assaults of Five Children Living in Child Protection Residential Care Units (Investigation Report PP No 177, 29 October 2020) Recommendation 5 <https://www.ombudsman.vic.gov.au/our-impact/investigation-reports/investigation-into-complaints-about-assaults-of-five-children-living-in-child-protection-residential-care-units-1/>. See also Crimes Act 1958 (Vic) s 327 (the failure to disclose offence).

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148. Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) 91 (Recommendations—Reporting suspected and alleged sexual assaults to Victoria Police) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>.

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149. See Department of Health (Vic), Promoting Sexual Safety, Responding to Sexual Activity, and Managing Allegations of Sexual Assault in Adult Acute Inpatient Units (Chief Psychiatrist’s Guideline, June 2012) 25 <https://www2.health.vic.gov.au:443/about/key-staff/chief-psychiatrist/chief-psychiatrist-guidelines/promoting-sexual-safety>.

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150. Mental Health Complaints Commissioner (Vic), The Right to Be Safe: Ensuring Sexual Safety in Acute Mental Health Inpatient Units (Sexual Safety Project Report, March 2018) 91 (Recommendations—Reporting suspected and alleged sexual assaults to Victoria Police); 95 (Recommendations—Working with Victoria Police to respond to suspected and alleged sexual assaults) <https://www.mhcc.vic.gov.au/sites/default/files/2021-01/The-right-to-be-safe-sexual-safety-project-report.pdf>; Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendation 14.

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151. See, eg, Submissions 41 (Office of the Public Advocate), 48 (Victorian Disability Worker Commission), 57 (Commission for Children and Young People (Vic)).

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152. Consultation 93 (Victoria Police (No 4)).

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