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

2. Sexual violence and justice

Overview

• Our work has been shaped by what we know about sexual violence. This chapter discusses its nature and characteristics.

• Sexual violence is a widespread harm. It can have serious and long-term negative impacts. Women and girls are more likely to have experienced sexual violence.

• Sexual violence occurs in a range of relationships and locations. People’s experiences of sexual violence are different. Some people experience sexual violence at higher rates than others.

• This chapter also identifies the many reasons why people may not report sexual violence. We aim to address these through our reforms.

• We summarise the substantial research on what victim survivors want or need from justice processes. Our recommendations have focused on meeting these needs.

Sexual violence is serious, widespread and gendered

2.1 Sexual violence can have serious and long-term negative impacts for people who experience it.

2.2 It can cause serious emotional and psychological distress. Fear, anxiety and depression, as well as physical harm, are some of its impacts.^[2] It can affect people’s relationships, sense of wellbeing and lifestyle. It can change how much they trust others.^[3] Sexual violence can impact people’s ability to engage in education, work and their financial status.^[4]

2.3 Sexual violence is widespread in the Victorian and Australian community. It is estimated that one in five women (18 per cent) in Australia have experienced sexual violence since they were 15 years old. For men, the figure is one in 20 (five per cent).^[5]

2.4 Children and young people also experience high rates of sexual violence. A national study suggests that almost eight per cent of adults have experienced child sexual abuse before they were 15, but the rate may be higher.^[6]

2.5 Research suggests that up to 26.8 per cent of girls may have experienced some form of sexual abuse.^[7] Young women (aged 15–19 years) feature more in police records of sexual assault than other age cohorts.^[8]

2.6 These figures probably understate how common sexual violence is in the community.^[9] This is because sexual violence is seriously under-reported to police (discussed below). It is also underestimated in data sources. For example, the Personal Safety Survey, a key national survey in Australia, does not include people living in institutional contexts. There is also limited data on the rate of sexual violence experienced by some groups, such as children, people with disability and Aboriginal communities (see Chapter 6).^[10]

2.7 Sexual violence is also difficult to disclose because of unsupportive community attitudes and feelings of shame (discussed below). All of these factors mean that sexual violence is ‘a particularly hidden type of violence’.^[11]

2.8 As one victim survivor told us, when she started speaking about her story, she found that most women had experienced their own version of ‘something that went too far’ with a boyfriend or a one-night stand but had not received justice for it.^[12]

2.9 Sexual violence is overwhelmingly experienced by women and girls.^[13] But it can affect people of any gender or sexual orientation. As with adults, girls experience sexual violence more often than boys, although boys do experience sexual violence at high rates in certain contexts (like institutional settings, see below).^[14] Males are much more likely to be perpetrators of sexual violence—men were most commonly recorded as offenders in recent police data.^[15]

2.10 Sexual violence is widely acknowledged as a way one person exerts power and control over another.^[16] While the causes of sexual violence are complex, research indicates a relationship with gender inequality and beliefs and norms that discriminate (for example, that minimise sexual violence).^[17] In Chapter 3 we highlight how important it is to change social attitudes to sexual violence.

2.11 In this inquiry our focus is on making the justice system respond better to this serious and widespread harm. This chapter discusses what we know about sexual violence and justice, including the barriers to reporting and views of justice. This research and data shape the recommendations in our report.

People experience sexual violence in different ways

2.12 It is common for people to think that sexual violence is committed by strangers in public places at night. In reality, sexual violence takes place in a range of relationships and environments. It can:

• be perpetrated by a range of different people. Most sexual violence is committed by someone the victim survivor knows. For example, former or current partners, parents or siblings (in relation to child sexual abuse especially), friends, and colleagues.^[18] Men and boys are more likely than women to be sexually assaulted by strangers.^[19] Boys are also more likely than girls to be sexually assaulted in institutions, like a church or school.^[20]

• happen in private as well as public places. Even though the community focus is often on sexual violence in public by strangers, it mostly occurs in private locations such as people’s homes.^[21] It also happens in organisations, committed by someone known to the victim survivor or in a position of trust.^[22]

• occur once or many times. It can be an incident that someone perpetrates once, or they can repeat the violence as part of a pattern.^[23] Victim survivors may experience sexual violence many times in their life by different people.^[24]

• occur together with other violence. Women and children often experience sexual violence together with other abuse, such as physical and emotional abuse.^[25] Sexual violence is a common element of family violence and intimate partner violence (see Kelly’s experience below).

• take different forms. Technology-facilitated sexual violence (such as image-based abuse) can occur on its own or together with in-person sexual violence. Both can cause serious harm.^[26]

2.13 Responses to sexual violence need to take all these different contexts (see Figure 3) into account. In Chapter 1 we discuss how important it is for the justice system’s response to be flexible.

Figure 3: Sexual violence in the community^[28]

Some communities experience sexual violence at even higher rates

2.14 Some communities might experience sexual violence at much higher rates than others. For example, Aboriginal women are estimated to experience sexual violence at a rate three times greater than non-Aboriginal women and even higher rates of family violence.^[30]

2.15 These higher rates are connected with broad structures of discrimination or marginalisation.^[31] The historical context of dispossession, child removal and trauma shapes Aboriginal people’s experience of sexual violence. These experiences themselves involved sexual violence and continue to make violence against Aboriginal women invisible.^[32]

2.16 Women with disability experience very high rates of sexual violence, within and outside care relationships.^[34] They are especially likely to experience specific types of violence (such as reproductive coercion) and more serious sexual violence.^[35]

2.17 Their experience of sexual violence and the barriers they face to reporting also reflect the fact that people with disability are treated unequally in society.^[36] For example, women can experience sexual abuse while having their basic support needs met, if care staff take advantage of their position of power.

2.18 Women with contact with the justice system also experience high rates of sexual violence. This indicates a troubling link between experiences of (often unaddressed) sexual violence and contact with the justice system. A widely used estimate is that 60–90 per cent of women in prison have experienced sexual, physical or emotional harm.^[38]

2.19 Children and young people in contact with the justice system have also experienced serious disadvantage and trauma, including sexual violence.^[40]

2.20 The experiences of these groups are sometimes ‘invisible’ or ‘forgotten’.^[41] In Chapter 6 we discuss how their experiences need to be addressed in research and data. We also suggest reforms throughout this report to improve the justice system’s response to these experiences.

2.21 Other hidden groups of victim survivors include:

• women from migrant and refugee backgrounds, who experience notable rates of family violence and sexual violence.^[42] Their experience of violence can also be shaped by the challenges of moving to a new country (like isolation).^[43]

• people from LGBTIQA+ communities, who are likely to experience higher rates of sexual violence than others.^[44] This can remain hidden because sexual violence is usually understood as heterosexual violence.^[45] Broader social discrimination against LGBTIQA+ communities can also make it harder to seek assistance or report (for example, if services or the justice system are not responsive to people’s experiences).^[46]

• people who work in the sex industry—including people from LGBTIQA+ communities and migrant backgrounds—who experience sexual violence during and outside work.^[48] Their experiences of sexual violence might not be recognised because of the nature of their work.

2.22 There are, of course, many more communities whose experiences matter. For example, several recent Victorian inquiries call attention to the high rates of sexual violence experienced by children and young people in out-of-home care.^[50]

2.23 Two recent royal commissions have also focused on the experiences of people with lived experience of mental illness or psychological distress and people in aged care.^[51] There is a need to address the experiences of older women (outside and inside care contexts) and the high rates of sexual violence experienced by women with lived experience of mental illness or psychological distress.^[52]

2.24 The communities we discuss here are themselves diverse. People do not just belong to one group or another.^[54] In practice, people’s experience of sexual violence might be influenced by different parts of their identity. For example, women from migrant and refugee backgrounds in regional and remote locations face greater barriers to reporting sexual violence. They may not have easy access to culturally appropriate services or interpreters.^[55]

2.25 Responses to sexual violence need to provide people with support and options based on their diverse needs and experiences (see Chapter 1).

There are many barriers to reporting

2.26 Even though sexual violence is common, it is one of the most under-reported crimes. As we discuss in Chapter 7, about 87 per cent of people who experience sexual violence do not report it to the police.^[57] Only about half even seek support from someone (usually from friends and family).^[58]

2.27 Our terms of reference ask us to identify barriers to reporting and reforms to address them. These barriers were a focus of many of our consultations, especially with community groups and support services.

2.28 The reasons why someone might not report sexual violence are complex. For example, they relate to its invasive and interpersonal nature, community attitudes towards sexual violence and the justice system’s response. These reasons are discussed in Table 1.^[59]

Table 1: A sample of barriers to reporting

2.29 Not all of these barriers can be addressed through law reform. But we propose important reforms for those that can. These include:

• public education to improve community knowledge and attitudes (Chapter 3). This should help people identify sexual violence when it happens and know how to respond to it. It also aims to create a community culture where victim survivors are believed and supported.

• ‘front-end’ reforms to improve access to the justice system (see Chapters 7 and 8)—for example, more information and options on reporting. These can address barriers caused by a lack of information or trust in the justice system.

• ‘back-end’ reforms to improve people’s experience of the justice system itself—for example, more supports for people to engage with the justice system (see Chapter 12). This should help shift barriers due to poor treatment by the justice system or concerns about its process.

2.30 These proposed reforms aim to make sure that everyone has access to reporting and justice options (if they want) and to improve their experience of seeking justice.

What do victim survivors want from a justice process?

People have justice needs

2.31 Our terms of reference ask us to consider reforms to justice processes that are consistent with victim survivors’ interests and the interests of justice.

2.32 There is now a significant body of research that tells us what victim survivors might require or want from a justice process (criminal, legal or otherwise).^[82]

2.33 These are different from other needs someone might have such as for medical or psychological care, housing or financial support.^[83] We discuss how we have used people’s justice needs as a framework for reform in Chapter 1.

2.34 Different people may prioritise different justice needs. In Chapter 1 we discuss how victim survivors should be able to choose from a suite of options, which might satisfy different justice needs.^[84]

People need information

2.35 People’s first need may be for information. This means having plain-language, easily accessible information about how the justice system works, what people within the criminal justice system do, and what the main turning points and likely outcomes are.^[85] Lucille, a victim survivor, told us that the court system is made up of processes and requirements that she could never understand.

2.36 Information can provide victim survivors with realistic expectations of what to expect from the justice system.^[87] For example, if they understand how difficult it is to prove sexual violence in court, they might also understand that their case not going to trial reflects problems with the justice system. It does not mean they lack credibility.^[88]

People want to participate

2.37 A second need is for participation. This has some overlap with ‘information’ needs. Victim survivors need to know how their case is progressing, any decisions made, and their role in the process.^[89]

2.38 Participation also covers victim survivors’ interests in being part of or having their interests represented in proceedings, for example in the questions that are asked of an accused.^[90]

Having a voice is powerful

2.39 Third, people want voice, which means telling their full story in their own words.^[92]

2.40 The focus here is on the opportunity for victim survivors to tell their full story of what happened to them, rather than limiting their account to what is legally relevant.^[94] It is also important that victim survivors are able to tell their story in a ‘significant setting’ (such as in a justice process or hearing), where it is publicly and officially acknowledged.^[95] Several victim survivors we spoke with made positive comments about the opportunity to share their story with us.^[96]

Validation is important

2.41 Fourth is the need for validation—for people to have their story believed as well as just heard.

2.42 Victim survivors would like justice officials to believe their account and react with empathy to the injustice they have experienced.^[98]

2.43 These responses are seen to counter the reluctance of society to acknowledge sexual violence. They also reflect that the justice system has a special and respected status in acknowledging harm.

2.44 Validation might also come from having a concrete outcome from their report (such as police pressing charges or a conviction in their case).^[100] One victim survivor told us that her approach was that if the perpetrator experienced some form of consequence, he would not be able to harm other people he saw (as a doctor).^[101]

Denouncing sexual violence and accountability are important

2.45 Fifth, people want sexual violence to be clearly condemned and those responsible to face consequences. There needs to be vindication: a response from the community or the law that denounces the violence and stands with the victim.^[102] This can include the punishment of the person responsible for the violence, financial compensation for victim survivors or other official responses (such as an apology).

2.46 People responsible also need to be held to account—for example, by facing consequences for their actions, undertaking treatment and accepting responsibility for their actions and making amends.^[103]

People see support as justice

2.47 Sixth, people might want support, which can include counselling and support during court hearings.^[104] One victim survivor explained that he ‘wouldn’t be here’ without his independent support person.^[105] Many victim survivors spoke to us about the lack of support they received. We discuss the link between support and justice in Chapter 12.

Justice is more than the justice system

2.48 Any ‘form of justice … is an approximation; it’s the best or the closest you can come to acknowledging the depth of damage from the original wrongdoing’.^[108]

2.49 Pursuing justice for sexual violence is a crucial but complex goal. In our inquiry, people shared with us their broader views on justice. In words similar to those of one victim survivor quoted above, some people said that the injustice of sexual violence can never be fixed through the criminal justice process.

2.50 Others told us that justice was more than making someone legally accountable. For example, justice may mean being moved to safe accommodation, having the violence stop or being supported to address the negative impacts of the harm.^[110]

2.51 One roundtable participant said that justice was not an outcome, but an experience that might occur at ‘different points in the system’.^[111] They explained that justice might be found in the experience of ‘being believed by the police’ or feeling safe during counselling.

2.52 Clare McGlynn and Nicole Westmarland use the term ‘kaleidoscopic justice’ to describe the complex, shifting and multi-dimensional nature of ‘justice’ for sexual violence. Through their interviews with victim survivors, they show how ‘justice’ can mean different things for different people, and how people’s views of justice can change over time.^[112]

2.53 Others who have experienced sexual violence do have important reasons for seeking a criminal justice response. These can be for a social aim, including to prevent further harm to others; to denounce and expose someone’s harmful behaviour; and a sense of social responsibility (or ‘the right thing to do’).^[113]

2.54 Based on this view, S. Caroline Taylor and Caroline Norma argue, a victim survivor’s decision to go through the criminal justice process can be a form of ‘symbolic protest’—a call for the justice system to appropriately respond to sexual violence.^[115] This call should be met, they believe, with a focus on reforms to ensure the criminal justice system can meet their expectations.

2.55 Our work focuses on the criminal justice system and other justice options for people who have experienced sexual violence. As discussed above, victim survivors and the community share an interest in denouncing sexual violence and holding people to account. Our recommendations recognise that justice and accountability might be found in process as well as outcome, and in restorative justice as well as criminal justice.

2.56 However, we also acknowledge that justice might mean something much more expansive for some people. For some, justice will only ever be ‘an approximation’.

1. Consultation 56 (Cecilia, a victim survivor of sexual assault).

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2. Cameron Boyd and Australian Centre for the Study of Sexual Assault, The Impacts of Sexual Assault on Women (ACSSA Resource Sheet, Australian Institute of Family Studies (Cth), April 2011) 2–4; Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 6–7 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

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3. Cameron Boyd and Australian Centre for the Study of Sexual Assault, The Impacts of Sexual Assault on Women (ACSSA Resource Sheet, Australian Institute of Family Studies (Cth), April 2011) 5.

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4. Ibid 6; Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 7 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

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5. Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 14–5 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>. This data is from the 2016 Personal Safety Survey, a national self-report survey that measures people’s experiences of violence in the last 12 months. These rates include sexual assault and/or sexual threat. Sexual assault includes ‘rape, attempted rape, sexual assault with a weapon, indecent assault, penetration by objects, forced sexual activity that did not end in penetration, attempts to force a person into sexual activity’ and the threat of sexual activity: ibid 2.

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6. Ibid 11.

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7. This research summary separates out estimates of penetrative abuse (experienced by up to 12% of girls) and non-penetrative abuse (experienced by up to 26.8% of girls): Australian Institute of Family Studies (Cth), The Prevalence of Child Abuse and Neglect (CFCA Resource Sheet, 4 April 2017) <https://aifs.gov.au/cfca/publications/prevalence-child-abuse-and-neglect>. See also Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 2, 69 <https://www.childabuseroyalcommission.gov.au/final-report>; Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 2 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>.

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8. Their reported rate of victimisation was 661.9 per 100,000 people in this age and sex group, followed by girls who were 10–14 years old, who had a reported rate of victimisation of 542.8. The rates for other age cohorts are significantly lower: Australian Institute of Health and Welfare (Cth), Family, Domestic and Sexual Violence in Australia (Report, 28 February 2018) 52–3, particularly Figure 5.5 <https://www.aihw.gov.au/reports/domestic-violence/family-domestic-sexual-violence-in-australia-2018/contents/table-of-contents>. See also Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 5 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

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9. See, eg, Cindy Tarczon and Antonia Quadara, The Nature and Extent of Sexual Assault and Abuse in Australia (ACSSA Resource Sheet, Australian Institute of Family Studies (Cth), December 2012) 1–3. See also Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 116 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>.

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10. Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 3, 11, 14 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>; Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 12, 25 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

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11. Cindy Tarczon and Antonia Quadara, The Nature and Extent of Sexual Assault and Abuse in Australia (ACSSA Resource Sheet, Australian Institute of Family Studies (Cth), December 2012) 1, 3.

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12. Consultation 54 (Lucille Kent, a victim survivor of sexual assault).

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13. Recent police-recorded data shows that women in Australia were the victims of 83% of recorded sexual assaults: Australian Bureau of Statistics, Recorded Crime—Victims, Australia, 2019 (Catalogue No 4510.0, 9 July 2020).

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14. Australian Institute of Family Studies (Cth), The Prevalence of Child Abuse and Neglect (CFCA Resource Sheet, 4 April 2017) <https://aifs.gov.au/cfca/publications/prevalence-child-abuse-and-neglect>; Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 2–3 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>. In relation to boys, research suggests that up to 12% of boys experience some form of sexual abuse (again, this is an overall figure, although studies distinguish between penetrative and non-penetrative abuse): Australian Institute of Family Studies (Cth), The Prevalence of Child Abuse and Neglect (CFCA Resource Sheet, 4 April 2017) <https://aifs.gov.au/cfca/publications/prevalence-child-abuse-and-neglect>.

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15. In 2018–2019, the Australian Bureau of Statistics found that 97% of offenders recorded by police were male: Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 1, 8 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

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16. For a useful summary: see Clare McGlynn, ‘Rape, Torture and the European Convention on Human Rights’ (2009) 58(3) International and Comparative Law Quarterly 565, 583–4. See also Haley Clark, Antonia Quadara and Australian Institute of Family Studies, Insights into Sexual Assault Perpetration: Giving Voice to Victim/Survivors’ Knowledge (Research Report No 18, Australian Institute of Family Studies (Cth), December 2010) 4, 8–9 <https://aifs.gov.au/publications/insights-sexual-assault-perpetration>.

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17. See, in relation to violence against women generally, Australian Government, ‘What Is Violence against Women?’, National Plan to Reduce Violence against Women and Their Children (Web Page) <https://plan4womenssafety.dss.gov.au/resources/what-is-violence-against-women/>; Kim Webster and Michael Flood, Framework Foundations 1: A Review of the Evidence on Correlates of Violence against Women and What Works to Prevent It (Companion Document, Our Watch, ANROWS Australia’s National Research Organisation for Women’s Safety and VicHealth, 2015) 12, 21.

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18. Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 8–9 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>; Australian Institute of Health and Welfare (Cth), Family, Domestic and Sexual Violence in Australia: Continuing the National Story 2019 (Report, 5 June 2019) 8 <https://www.aihw.gov.au/reports/domestic-violence/family-domestic-sexual-violence-australia-2019>; Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 8 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>. See also Australian Bureau of Statistics, Personal Safety, Australia, 2016 (Catalogue No 4906.0, 8 November 2017) Table 3.1.

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19. Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 2, 10 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>; Cindy Tarczon and Antonia Quadara, The Nature and Extent of Sexual Assault and Abuse in Australia (ACSSA Resource Sheet, Australian Institute of Family Studies (Cth), December 2012) 9.

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20. Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 8, 10 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>. Based on available data, the Royal Commission into Institutional Responses to Child Sexual Abuse reported that around 11.2% of males (who experienced child sexual abuse before they were 15 years old) were abused by a doctor, teacher or minister of religion, in comparison to 2.7% of females. In the past, most victim survivors abused in institutions have been male: Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 2, 71, 85–-6 (see also chs 3–-4 generally). <https://www.childabuseroyalcommission.gov.au/final-report>.

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21. Australian Bureau of Statistics, Recorded Crime—Victims, Australia, 2019 (Catalogue No 4510.0, 9 July 2020); Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 6 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

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22. The Royal Commission into Institutional Responses to Child Sexual Abuse revealed the extent of child sexual abuse in institutions: Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 2, 65 <https://www.childabuseroyalcommission.gov.au/final-report>.

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23. See, eg, Haley Clark, Antonia Quadara and Australian Institute of Family Studies, Insights into Sexual Assault Perpetration: Giving Voice to Victim/Survivors’ Knowledge (Research Report No 18, Australian Institute of Family Studies (Cth), December 2010) ch 3 <https://aifs.gov.au/publications/insights-sexual-assault-perpetration>.

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24. Mary Stathopoulos, Sexual Revictimisation: Individual, Interpersonal and Contextual Factors (ACSSA Research Summary, Australian Institute of Family Studies (Cth), May 2014) 1–5 <https://apo.org.au/node/39622>.

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25. Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 2, 213 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>; Australian Institute of Family Studies (Cth), The Prevalence of Child Abuse and Neglect (CFCA Resource Sheet, 4 April 2017) <https://aifs.gov.au/cfca/publications/prevalence-child-abuse-and-neglect>; Submission 56 (Domestic Violence Victoria). The Australian Bureau of Statistics reports that 37% of recorded sexual assaults in Victoria were family/domestic violence-related: Australian Bureau of Statistics, Recorded Crime—Victims, Australia, 2019 (Catalogue No 4510.0, 9 July 2020).

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26. Anastasia Powell and Nicola Henry, ‘Policing Technology-Facilitated Sexual Violence against Adult Victims: Police and Service Sector Perspectives’ (2018) 28(3) Policing and Society 291, 292, 299–300.

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27. Submission 26 (Northern CASA). On sexual violence in family violence situations, see also Submission 19 (Anonymous).

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28. Australian Institute of Health and Welfare (Cth), Family, Domestic and Sexual Violence in Australia: Continuing the National Story 2019 (Report, 5 June 2019) 21 <https://www.aihw.gov.au/reports/domestic-violence/family-domestic-sexual-violence-australia-2019>.

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29. Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault).

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30. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 12, 20 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; Janya McCalman et al, ‘Responding to Indigenous Australian Sexual Assault: A Systematic Review of the Literature’ (2014) SAGE Open 1, 1 < https://doi.org/10.1177/2158244013518931>; Harry Blagg, Nicole Bluett-Boyd and Emma Williams, Innovative Models in Addressing Violence against Indigenous Women (Landscapes State of Knowledge Paper Issue No 8, ANROWS Australia’s National Research Organisation for Women’s Safety, August 2015) 6 <https://www.anrows.org.au/publication/innovative-models-in-addressing-violence-against-indigenous-women-state-of-knowledge-paper/>.

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31. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 12, 31 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

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32. Ibid 12, 19–20; Bronwyn Carlson, Kelly Richards and Lorana Bartels, ‘No Public Outrage, No Vigils: Australia’s Silence at Violence against Indigenous Women’, The Conversation (Web Page, 16 April 2021) <https://theconversation.com/no-public-outrage-no-vigils-australias-silence-at-violence-against-indigenous-women-158875>; Larissa Behrendt, ‘Aboriginal Women and the Criminal Justice System’ (2002) 14(6) Judicial Officers’ Bulletin 41, 41.

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33. Consultation 30 (Djirra).

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34. Leanne Dowse, ‘Worlds Apart and Still No Closer to Justice: Recognition and Redress in Gendered Disability Violence’ in Peter Aggleton, Alex Broom and Jeremy Moss (eds), Practical Justice: Principles, Practice and Social Change (Routledge, Taylor & Francis Group, 1st ed, 2019) 38, 40–1; Centre of Research Excellence in Disability and Health, Nature and Extent of Violence, Abuse, Neglect and Exploitation against People with Disability in Australia (Research Report, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, March 2021) 10–11, 14.

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35. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 26 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; Centre of Research Excellence in Disability and Health, Nature and Extent of Violence, Abuse, Neglect and Exploitation against People with Disability in Australia (Research Report, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, March 2021) 16.

    ↑

36. Leanne Dowse, ‘Worlds Apart and Still No Closer to Justice: Recognition and Redress in Gendered Disability Violence’ in Peter Aggleton, Alex Broom and Jeremy Moss (eds), Practical Justice: Principles, Practice and Social Change (Routledge, Taylor & Francis Group, 1st ed, 2019) 38, 40–4.

    ↑

37. Consultation 17 (Roundtable consultation focused on the experience of women with disability).

    ↑

38. Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, 2020) 5; Mary Stathopoulos et al, Addressing Women’s Victimisation Histories in Custodial Settings (ACSSA Issues No 13, Australian Institute of Family Studies (Cth), December 2012) 1–5, 16 <https://aifs.gov.au/sites/default/files/publication-documents/i13.pdf>.

    ↑

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

    ↑

40. One recent Victorian study suggests that 21% of children in contact with both the criminal justice system and child protection have been subject to child sexual abuse: Sentencing Advisory Council (Vic), ‘Crossover Kids’: A Comparison of Two Studies (Factsheet, 13 December 2019) 3 <https://www.sentencingcouncil.vic.gov.au/sites/default/files/2019-12/Crossover_Kids_Comparison_of_Two_Studies.pdf>. See also Catia G Malvaso, Paul H Delfabbro and Andrew Day, ‘Adverse Childhood Experiences in a South Australian Sample of Young People in Detention’ (2019) 52(3) Australian and New Zealand Journal of Criminology 411, 413, 425; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 15, 10–-11 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

41. See generally Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; Andrew Day et al, The Forgotten Victims: Prisoner Experience of Victimisation and Engagement with the Criminal Justice System (Research Report No 1, ANROWS Australia’s National Research Organisation for Women’s Safety, August 2018) <https://www.anrows.org.au/publications/horizons/the-forgotten-victims-prisoner-experience-victimisation-and-engagement-the>. See also Consultation 22 (First roundtable on the experience of LGBTIQA+ people).

    ↑

42. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 12, 22 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; Cathy Vaughan et al, Multicultural and Settlement Services Supporting Women Experiencing Violence: The MuSeS Project (Research Report No 11, ANROWS Australia’s National Research Organisation for Women’s Safety, 25 May 2020) 11 <https://apo.org.au/node/305778>; Cathy Vaughan et al, Promoting Community-Led Responses to Violence against Immigrant and Refugee Women in Metropolitan and Regional Australia. The ASPIRE Project: Research Report (Horizons Research Report No 7, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 48–9. See also Submission 55 (Springvale Monash Legal Service).

    ↑

43. Cathy Vaughan et al, Multicultural and Settlement Services Supporting Women Experiencing Violence: The MuSeS Project (Research Report No 11, ANROWS Australia’s National Research Organisation for Women’s Safety, 25 May 2020) 11 <https://apo.org.au/node/305778>.

    ↑

44. Australian Institute of Health and Welfare (Cth), Sexual Assault in Australia (In Focus Report, 28 August 2020) 3 <https://www.aihw.gov.au/reports/domestic-violence/sexual-assault-in-australia/contents/summary>.

    ↑

45. Monica Campo and Sarah Tayton, Intimate Partner Violence in Lesbian, Gay, Bisexual, Trans, Intersex and Queer Communities: Key Issues (Child Family Community Australia Practitioner Resource, Australian Institute of Family Studies (Cth), December 2015) 1–2 <https://aifs.gov.au/cfca/publications/intimate-partner-violence-lgbtiq-communities>; Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 29 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

46. Monica Campo and Sarah Tayton, Intimate Partner Violence in Lesbian, Gay, Bisexual, Trans, Intersex and Queer Communities: Key Issues (Child Family Community Australia Practitioner Resource, Australian Institute of Family Studies (Cth), December 2015) 4–6 <https://aifs.gov.au/cfca/publications/intimate-partner-violence-lgbtiq-communities>.

    ↑

47. Consultation 40 (Roundtable consultation with Transgender Victoria, Bisexual Alliance and Drummond Street Services).

    ↑

48. Antonia Quadara, Sex Workers and Sexual Assault in Australia: Prevalence, Risk and Safety (ACSSA Issues No 8, Australian Institute of Family Studies (Cth), April 2008) 4–10 <https://apo.org.au/node/985>. Red Files explained to us that they had received 10,377 reports of violence and exploitation of sex workers through their national confidential industry-run reporting platform: Submission 30 (Red Files Inc.).

    ↑

49. 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).

    ↑

50. See, eg, Commission for Children and Young People (Vic), Out of Sight: Systemic Inquiry into Children and Young People Who Are Absent or Missing from Residential Care (Report, 2021) 18 <https://ccyp.vic.gov.au/assets/Publications-inquiries/Out-of-sight-inquiry-report-Web.pdf>; Commission for Children and Young People (Vic), “… As a Good Parent Would …” (Final Report, August 2015) 10–11 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>. See also 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) 6 <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/>.

    ↑

51. Royal Commission into Victoria’s Mental Health System (Final Report, 3 February 2021) <https://finalreport.rcvmhs.vic.gov.au/>; Royal Commission into Aged Care Quality and Safety (Final Report, 1 March 2021) <https://agedcare.royalcommission.gov.au/publications/final-report>.

    ↑

52. See, eg, Bianca Fileborn, ‘Sexual Assault and Justice for Older Women: A Critical Review of the Literature’ (2017) 18(5) Trauma, Violence, and Abuse 496; Submission 1 (Dr Catherine Barrett); Toni Ashmore, Jo Spangaro and Lorna McNamara, ‘“I Was Raped by Santa Claus”: Responding to Disclosures of Sexual Assault in Mental Health Inpatient Facilities’ (2015) 24(2) International Journal of Mental Health Nursing 139; 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>.

    ↑

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

    ↑

54. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 18 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

55. Ibid 21; Cathy Vaughan et al, Multicultural and Settlement Services Supporting Women Experiencing Violence: The MuSeS Project (Research Report No 11, ANROWS Australia’s National Research Organisation for Women’s Safety, 25 May 2020) 12 <https://apo.org.au/node/305778>. This is referred to as ‘compounded disadvantage’: Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 18 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

56. Submission 50 (Project Respect).

    ↑

57. 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>. See also Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 165.

    ↑

58. 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>.

    ↑

59. For a detailed discussion of barriers to disclosing child sexual abuse: see Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 4 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

60. Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 29 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>.

    ↑

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

    ↑

62. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 24 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

63. Liz Wall, The Many Facets of Shame in Intimate Partner Sexual Violence (Report, Australian Institute of Family Studies (Cth), 30 January 2012) 1, 7 <https://apo.org.au/node/28185>. See also Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 21, 24 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; Consultation 7 (Associate Professor Nicola Henry).

    ↑

64. 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) 3, 12 <https://www.police.vic.gov.au/sites/default/files/2019-01/For-Internet–Challenging-Misconceptions-Report.pdf>; Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 29 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>.

    ↑

65. Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 29–30 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>; Nicole M Heath et al, ‘Rape Myth Acceptance Impacts the Reporting of Rape to the Police: A Study of Incarcerated Women’ (2013) 19(9) Violence Against Women 1065, 1066–7.

    ↑

66. See, eg, S Caroline Taylor and Caroline Norma, ‘The Ties That Bind: Family Barriers for Adult Women Seeking to Report Childhood Sexual Assault in Australia’ (2013) 37 Women’s Studies International Forum 114, 122–3.

    ↑

67. 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) 38 <https://aic.gov.au/publications/archive/no-longer-silent>.

    ↑

68. Ibid 32; Submission 15 (Danielle); 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).

    ↑

69. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 24–5, 27 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; JaneMaree Maher et al, Women, Disability and Violence—Barriers to Accessing Justice (Horizons Research Report No 02/2018, ANROWS Australia’s National Research Organisation for Women’s Safety, April 2018) 31 <https://apo.org.au/node/173826>; Consultations 31 (Geraldine, Deputy Chairperson of the Victim Survivors’ Advisory Council), 59 (Ashleigh Rae, Nicole Lee, Penny).

    ↑

70. Consultation 68 (Youthlaw).

    ↑

71. See, eg, Submissions 9 (Djirra), 30 (Red Files Inc.); Consultation 22 (First roundtable on the experience of LGBTIQA+ people); Monica Campo and Sarah Tayton, Intimate Partner Violence in Lesbian, Gay, Bisexual, Trans, Intersex and Queer Communities: Key Issues (Child Family Community Australia Practitioner Resource, Australian Institute of Family Studies (Cth), December 2015) 5–6 <https://aifs.gov.au/cfca/publications/intimate-partner-violence-lgbtiq-communities>; Andrew Day et al, The Forgotten Victims: Prisoner Experience of Victimisation and Engagement with the Criminal Justice System (Research Report No 1, ANROWS Australia’s National Research Organisation for Women’s Safety, August 2018) 31, 67 <https://www.anrows.org.au/publications/horizons/the-forgotten-victims-prisoner-experience-victimisation-and-engagement-the>; Bianca Fileborn, ‘Gender, Violence and Criminal Justice’ in Laura J Shepherd (ed), Handbook on Gender and Violence (Edward Elgar Publishing, 2019) 377, 379; Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 21 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

72. Submissions 12 (Women’s Legal Service Victoria), 40 (Law Institute of Victoria); Consultations 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group), 72 (Asylum Seeker Resource Centre).

    ↑

73. Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 28 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>; Consultation 68 (Youthlaw) (2 February 2021).

    ↑

74. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 4, 12, 124-5 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

75. Monica Campo and Sarah Tayton, Intimate Partner Violence in Lesbian, Gay, Bisexual, Trans, Intersex and Queer Communities: Key Issues (Child Family Community Australia Practitioner Resource, Australian Institute of Family Studies (Cth), December 2015) 5–6 <https://aifs.gov.au/cfca/publications/intimate-partner-violence-lgbtiq-communities>; Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 25 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

76. Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 27 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>; JaneMaree Maher et al, Women, Disability and Violence—Barriers to Accessing Justice (Horizons Research Report No 02/2018, ANROWS Australia’s National Research Organisation for Women’s Safety, April 2018) 30 <https://apo.org.au/node/173826>; Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

    ↑

77. 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) 3 <https://www.police.vic.gov.au/sites/default/files/2019-01/For-Internet–Challenging-Misconceptions-Report.pdf>; Bianca Fileborn, ‘Gender, Violence and Criminal Justice’ in Laura J Shepherd (ed), Handbook on Gender and Violence (Edward Elgar Publishing, 2019) 377, 379; Denise Lievore, Non-Reporting and Hidden Recording of Sexual Assault: An International Literature Review (Report, Australian Institute of Criminology (Cth), 15 June 2003) 32–3 <https://aic.gov.au/publications/archive/non-reporting-and-hidden-recording-of-sexual-assault>.

    ↑

78. See, eg, Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 36.

    ↑

79. Consultation 23 (Sexual Assault Services Victoria Specialist Children’s Services); Submission 40 (Law Institute of Victoria).

    ↑

80. Consultations 11 (Family violence and sexual assault practitioners focusing on disability inclusion), 17 (Roundtable consultation focused on the experience of women with disability); Trishima Mitra-Kahn, Carolyn Newbigin and Sophie Hardefeldt, Invisible Women, Invisible Violence: Understanding and Improving Data on the Experiences of Domestic and Family Violence and Sexual Assault for Diverse Groups of Women (Landscapes State of Knowledge Paper Issue No DD01, ANROWS Australia’s National Research Organisation for Women’s Safety, December 2016) 25, 27 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

81. Monica Campo and Sarah Tayton, Domestic and Family Violence in Regional, Rural and Remote Communities: An Overview of Key Issues (Child Family Community Australia Practitioner Resource, Australian Institute of Family Studies (Cth), December 2015) 5 <https://aifs.gov.au/cfca/publications/domestic-and-family-violence-regional-rural-and-remote-communities>.

    ↑

82. See, eg, Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378; 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) <https://aifs.gov.au/publications/victimsurvivor-focused-justice-responses-and-reforms-criminal-court-practice>; Clare McGlynn and Nicole Westmarland, ‘Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice’ (2019) 28(2) Social and Legal Studies 179.

    ↑

83. Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 389.

    ↑

84. Daly writes of a ‘menu of options’: ibid 381. See also Centre for Innovative Justice, RMIT University, Innovative Justice Responses to Sexual Offending—Pathways to Better Outcomes for Victims, Offenders and the Community (Report, May 2014) 9–10 <https://cij.org.au/research-projects/sexual-offences/>.

    ↑

85. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 31–2.

    ↑

86. Consultation 54 (Lucille Kent, a victim survivor of sexual assault).

    ↑

87. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 31–2.

    ↑

88. Ibid 32.

    ↑

89. Ibid 31–2; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

    ↑

90. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 35; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

    ↑

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

    ↑

92. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 33–34.

    ↑

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

    ↑

94. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 34; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

    ↑

95. Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

    ↑

96. See, eg, Consultations 31 (Geraldine, Deputy Chairperson of the Victim Survivors’ Advisory Council), 69 (Deborah, a victim survivor of sexual assault); Submission 26 (Northern CASA).

    ↑

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

    ↑

98. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 32; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

    ↑

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

    ↑

100. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 32–3.

     ↑

101. Consultation 69 (Deborah, a victim survivor of sexual assault).

     ↑

102. Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

     ↑

103. Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 30; Kathleen Daly, ‘Reconceptualizing Sexual Victimization and Justice’ in Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda (eds), Justice for Victims: Perspectives on Rights, Transition and Reconciliation (Routledge, 2014) 378, 388.

     ↑

104. 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>.

     ↑

105. Consultation 77 (Witness J).

     ↑

106. Consultation 56 (Cecilia, a victim survivor of sexual assault).

     ↑

107. Consultation 29 (Safe Pathways to Healing Working Group (North Metropolitan Aboriginal Sexual Assault Prevention and Healing Advisory Group)).

     ↑

108. A victim survivor, quoted in Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 30.

     ↑

109. 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).

     ↑

110. See, eg, Consultations 50 (End Rape on Campus), 56 (Cecilia, a victim survivor of sexual assault), 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’); Submission 21 (Victorian Aboriginal Child Care Agency).

     ↑

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

     ↑

112. Clare McGlynn and Nicole Westmarland, ‘Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice’ (2019) 28(2) Social and Legal Studies 179, 196–7.

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113. See S Caroline Taylor and Caroline Norma, ‘The “Symbolic Protest” Behind Women’s Reporting of Sexual Assault Crime to Police’ (2012) 7(1) Feminist Criminology 24, 25, 45, 33–43. See also Oona Brooks-Hay, ‘Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police’ (2020) 15(2) Feminist Criminology 174, 182–7; Haley Clark, ‘“What Is the Justice System Willing to Offer?” Understanding Sexual Assault Victim/Survivors’ Criminal Justice Needs’ (2010) 85 Family Matters 28, 30. People might also report in order to create a record that supports the case of other victim survivors who later report: see S Caroline Taylor and Caroline Norma, ‘The “Symbolic Protest” Behind Women’s Reporting of Sexual Assault Crime to Police’ (2012) 7(1) Feminist Criminology 24, 33.

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114. Consultation 56 (Cecilia, a victim survivor of sexual assault).

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115. S Caroline Taylor and Caroline Norma, ‘The “Symbolic Protest” Behind Women’s Reporting of Sexual Assault Crime to Police’ (2012) 7(1) Feminist Criminology 24, 45.

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116. Submission 26 (Northern CASA).

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