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

8. Reaching all communities who experience sexual violence

Overview

• Some people and communities may not turn to the justice system to report sexual violence. This might be because they do not trust or feel connected to the justice system.

• The justice system needs to reach out to these communities.

• Like everyone else, they should have access to information, support and justice options.

• We recommend reforms to extend the reach of justice and support to all victim survivors.

• Community organisations should play a central role in providing people with information, support and access to justice options.

• Women and children in contact with the justice system should receive special attention and support.

• Specialist police should reach out to engage with communities in their regions.

Community pathways to support and reporting need to be built

8.1 A major reason that many victim survivors do not report sexual violence is that they do not trust the justice system and do not see it as a source of support.

8.2 This might be because of their broader interactions with it.^[1] For example:

• Aboriginal communities who have experienced colonisation, child removal and racism from the justice system^[2]

• communities who have been criminalised in the past (such as LGBTIQA+ communities)^[3]

• communities who face criminalisation now (such as people who work in the sex industry or women in contact with the justice system)^[4]

• people who have been removed from their families by police and other authorities.^[5]

8.3 People seeking asylum and people from migrant and refugee backgrounds may not trust the justice system because they are worried about what will happen to their visa status if they report. They may not trust it because of their past experiences of the justice system.^[7] They might have other needs, such as legal needs related to their residency status, which might influence who they turn to first.

8.4 Making reporting more accessible will not necessarily make people in these communities more likely to report sexual violence (see Chapter 7).

8.5 Improving relationships between communities and the justice system requires reforms beyond this inquiry.^[9] But more can be done to make sure that people in these communities have access to information, support and justice options for sexual violence.

8.6 We recommend extending justice and support options to more people through community-based organisations. We also highlight the special justice and support needs of women and young people in contact with the justice system.

8.7 Our recommendations in this chapter reflect what we heard in consultations from those we were able to speak with in the short timeframe of our work.^[10] But we have designed them in a way that can empower all community organisations.

8.8 These recommendations build on the work of the Royal Commission into Family Violence. It recognised the role community organisations can play in ensuring that family violence interventions respond to community diversity.^[11] Both this Royal Commission and the Royal Commission into Institutional Responses to Child Sexual Abuse also saw the need to support women and children in contact with the justice system.^[12]

8.9 Even with these efforts, people may still not want to make formal reports.^[13] They may still not want to use the support and justice options we propose in this report. But they may be able to take a step closer to having their justice needs met by sharing their experiences and being heard and validated.^[14]

Community organisations can extend justice and support options to more people

Some communities do not trust the justice system

8.10 When people are deciding if they want to disclose sexual violence and seek support, trust and safety are crucial factors.^[15] The Women’s Legal Service Victoria states that:

Disclosure and help-seeking for sexual violence requires a very high-level of trust and confidence in authorities by women that they will be believed, and their safety and wellbeing needs will be met.^[16]

8.11 As noted in Chapter 7, it is estimated that around 87 per cent of people who have experienced sexual violence did not report it to the police.^[17] As we discuss in Chapter 2, they may worry that they will not be believed or feel shame or embarrassment.

8.12 Due to their broader experiences with the justice system, some people and communities are even less likely than others to trust it as a source of support.^[18] For example, we heard that it was unrealistic to expect people whose behaviour had been criminalised to turn to the police for help.

8.13 Yet women in contact with the justice system and women who work in the sex industry experience significant sexual violence.^[21] With respect to women in contact with the justice system, a widely used estimate is that 70–90 per cent of women in prison have experienced sexual, physical or emotional harm.^[22]

8.14 Indeed, many of the communities who may be less likely to turn to the justice system also face high rates of sexual violence. This includes, for example, Aboriginal communities, LGBTIQA+ communities, women from migrant and refugee backgrounds and those who have grown up in care (see Chapter 2 for a discussion of rates of sexual violence).

8.15 We highlighted the barriers faced by certain groups (such as Aboriginal communities and women from migrant and refugee backgrounds) in our 2004 report on sexual offences.^[23] Nearly 20 years on, despite reforms to police training and community education, these barriers still exist.

Community organisations can provide the trust and safety people need

8.16 Even if people are unlikely to report to the justice system, they might still disclose to a community organisation that they know and trust.^[24]

8.17 Compared to mainstream services, community-based organisations may be perceived as

• safer—we heard that community-run services create ‘inherent security’.^[26]

• more responsive—they are able to identify and respond to a person’s particular needs and experiences; or are more aware of the community-specific risks in seeking support.^[27] Research indicates that when sexual assault services are both trauma-informed and culturally informed, people’s wellbeing and recovery outcomes are better.^[28]

• more accessible—a familiar organisation that a person has learnt to trust. Djirra explained how ‘[b]eing consistent, showing up, and being culturally appropriate, all help women feel safe’.^[29]

8.18 Community organisations can build relationships of trust with victim survivors who might not otherwise report or disclose.^[31] They can provide a ‘soft landing’ to community members by giving them an opportunity to speak to a ‘peer professional’ about their experiences first.^[32]

8.19 In this way, community organisations are uniquely placed to extend the reach of support services and the justice system to people and communities who might otherwise not have their needs met.^[33]

8.20 Their role can also be broader than individual support. They can facilitate community-wide conversations about difficult topics.^[34] They can develop innovative, community-specific ways for people to prevent sexual violence.^[35]

8.21 We are not suggesting that people only identify with one community or group. We know that does not reflect reality. We discuss this in Chapter 2. But our focus is on the role that familiar organisations in the community can play in helping people who would not usually engage with the justice system to meet their justice needs.

8.22 Table 10 gives a snapshot of some of their current activities and reform ideas. However, the most effective activities will be those designed by communities themselves, as they know what would work best.^[36]

Table 10: Community organisation activities that extend justice and support

The important role of community organisations is already recognised

8.23 The role of community organisations in responding to family and sexual violence is being increasingly recognised. The Royal Commission into Family Violence promoted the role of community organisations to ensure the diverse needs of the Victorian community are met. It proposed that community organisations train and advise mainstream services. It saw their potential to enhance the inclusiveness of these services, collaborate with them to respond to family violence, and co-design prevention efforts.^[54]

8.24 The Royal Commission’s recommendations paved the way for community organisations to be a bigger part of the response to family violence. These included Aboriginal community-controlled organisations, InTouch, Seniors Rights Victoria, Women with Disabilities Victoria and LGBTIQA+ organisations. Many of these family violence reforms have also improved responses to sexual violence.

Community organisations need to be a part of the sexual assault system

8.25 Community organisations are already playing a crucial but underutilised role in responding to sexual violence.^[56] Their activities are ad hoc, informal and not funded long-term. This needs to change. We recommend that community organisations are supported to become a key part of the response to sexual violence.

Community organisations need to be funded

8.26 The Victorian Government, through family violence reforms and other work, already funds community organisations to run primary prevention programs, support groups and referral services.^[57] But some important programs—even those to which police refer people—do not have long-term funding.^[58] Some programs are funded using an organisation’s general budget, rather than having funding ear-marked for sexual violence.^[59] Some organisations, such as sex worker organisations, receive little overall funding, if any.^[60]

8.27 We heard many times that funding is what makes or breaks the work of community organisations on sexual violence. They are sometimes given large responsibilities without the funding to back it up.^[61]

8.28 Community organisation staff also need to be well supported, given the complex and difficult nature of responding to sexual violence.^[62]

There should be specialist training on sexual violence

8.29 Community organisations may have limited specialist skills to identify and respond to sexual violence. In Chapter 18 we discuss the benefits of specialisation in responding to sexual violence. Building specialist skills within community organisations will ensure victim survivors receive the best response if they disclose sexual violence.

8.30 We heard about the importance of training and upskilling so that community organisations can deal appropriately with disclosures of sexual violence.^[63] This could be delivered by specialist sexual assault services or through broader Family Violence Multi-Agency Risk Assessment and Management Framework (MARAM) training. In Chapter 18 we recommend extending MARAM to sexual violence.

8.31 Sexual Assault Services Victoria also noted the need for community organisation staff dealing with sexual violence to be well supported.^[65]

Collaboration should be strengthened

8.32 Community organisations need to be supported to develop collaboration arrangements with specialist sexual assault services. This could enable their mutual learning. For example, CASAs could provide professional supervision for community organisation staff^[66] and in turn receive training from community organisations on diversity and inclusiveness.^[67]

8.33 CASAs already collaborate with community organisations to extend the reach of their services, so this work could be built on.

8.34 We heard that further mutual learning opportunities might include community outreach, co-locations and secondments.^[69]

8.35 CASAs are enthusiastic about strengthening the role of community organisations and forming collaborative relationships with them. They recognise that ‘there will be people who won’t approach CASAs but will approach a culturally or community-specific organisation’. But they made clear that a lot of work is needed to set up these partnerships, co-locations and referrals.^[70] Both specialist sexual assault services and community organisations would need support to do this. (See also Chapter 5 on collaboration and funding arrangements.)

Referral networks should be built

8.36 Community organisations could have strong referral pathways to other services and the justice system, and could also support people to report sexual violence (if they want). This requires them to build formal collaborative relationships with other agencies in the sexual assault system. In Chapter 4, we propose a multi-agency protocol that would enable these collaborative arrangements. In Chapter 5, we note that referral arrangements could also be included in these protocols.

An Aboriginal sexual assault service model should be supported

Why is an Aboriginal sexual assault service needed?

8.37 In our inquiry, Aboriginal community organisations were active in calling for a community-run sexual assault service.^[71]

8.38 It is needed because of service gaps in the current sexual assault system, not because there is any connection between Aboriginal culture and violence. Violence is not part of Aboriginal culture, but whole of community approaches are important to respond to Aboriginal experiences of violence.^[72]

8.39 An Aboriginal sexual assault service is needed to provide:

• a culturally safe and appropriate service that connects with Aboriginal healing approaches

• more options for Aboriginal people who have experienced sexual violence (in addition to mainstream service options).^[73]

8.40 It would also be an important form of self-determination. Self-determination involves responses to sexual violence being ‘designed, developed, led and evaluated by ACCOs [Aboriginal Community-Controlled Organisations]’.^[74] It is recognised as:

the key strategy to generate sustainable and systemic change to benefit the cultural, physical, spiritual, economic, social and emotional wellbeing for Aboriginal people, families and communities.—Aboriginal Justice Caucus^[75]

The service need has been recognised, with pilots underway

8.41 The importance of Aboriginal community-controlled responses to family and sexual violence was underscored by the Royal Commission into Family Violence and the Royal Commission into Institutional Child Sexual Abuse.^[76] The latter found that a responsive service system should address the needs of Aboriginal victim survivors through ‘culturally informed ways of healing…alongside other supports’.^[77] Our 2004 report on sexual offences also recognised calls for an Aboriginal community-specific response to sexual violence.^[78]

8.42 In recent years, the federal government has invested in ongoing community efforts to ensure better and culturally safer responses to family and sexual violence against Aboriginal women and children.^[79] The Victorian 2021–2022 budget also confirms funding for culturally safe sexual assault services.^[80]

8.43 There are currently three Aboriginal sexual assault service pilots in Victoria. Funded through Family Safety Victoria, three two-year pilots will be trialled across regional and metropolitan Victoria. The Victorian Government has also funded specialist sexual assault training programs for Aboriginal community-controlled organisations.^[81] This reflects ongoing community efforts to ensure community engagement with sexual violence.^[82]

A sustainable service model must be built

8.44 In our inquiry, Aboriginal organisations highlighted the need for dedicated Aboriginal sexual assault services to meet the support needs of Aboriginal women, children and men.^[83] The issues they highlight can be used to build on the current pilots and inform a sustainable service model.

8.45 First, we heard that this model will need to address the different needs of Aboriginal women, children and men. The Aboriginal Justice Caucus and Djirra supported specialist services that met the needs of Aboriginal women, men and children separately.^[84] Djirra stressed that the design of the current pilot programs did not take this approach.^[85]

8.46 Djirra emphasised that Aboriginal women have been unable to access other Aboriginal community-controlled services in the past, because of a perceived or real conflict of interest if that service is also engaging with the person who committed the sexual offence. They also suggested that a separate women’s service would avoid conflicts between a child’s interests and the interests of their parent or carer. It would also ensure women’s privacy.^[86]

8.47 Other Aboriginal community representatives, such as the Commissioner for Aboriginal Children and Young People and Manager (Koori Advisory and Engagement), highlighted the need for specific services for Aboriginal children and young people who want to disclose sexual violence.^[87] The Victorian Aboriginal Child Care Agency told us that Aboriginal community-controlled organisations should be supported to respond to the needs of Aboriginal children and families who have experience sexual abuse.^[88]

8.48 Such services would help address a gap in services to Aboriginal children and young people. Djirra only provides counselling for Aboriginal women over 18.^[89] The Victorian Aboriginal Child Care Agency said that there were not enough culturally safe specialists for Aboriginal children in need of support.^[90]

8.49 Secondly, a sustainable service model would also need enough and ongoing funding. The Aboriginal Justice Caucus told us that such a service needed to be properly resourced.^[91]

The needs of women and young people in contact with the justice system need to be a priority

8.50 Women and children and young people in contact with the justice system need specialised attention to ensure their support and justice needs are met. This includes:

• women and young people who have experienced sexual violence

• children and young people using harmful sexual behaviour.

The overlap between women’s victimisation and incarceration is concerning

8.51 Multiple submissions and consultations emphasised the high rates of sexual violence among women in prison.^[93] Earlier we noted the high estimated rates of women in prison (60–90 per cent) who have experienced sexual, physical or emotional violence. These rates are likely to be even higher for Aboriginal women.^[94]

8.52 Despite their high rates of sexual victimisation, women in contact with the justice system are unlikely to report to police. This could be because of the stigma related to their offending, past experiences of discrimination or a fear that they will not be believed. They may be worried about being charged with other offences or being misidentified as a perpetrator (as sometimes happens in family violence situations).^[95]

8.53 The Royal Commission into Family Violence considered the needs of women in prison. Given the overlap between women’s experiences of family violence and their incarceration, it made recommendations to help identify women in prison who have experienced family violence. It also made recommendations to improve the support they receive in prison and through reintegration programs. It noted the commitment of Corrections Victoria to ensuring people have access to sexual assault services.^[96]

Women’s support needs are still not met

8.54 We heard that women victim survivors in prison still do not have their support needs met:

• while they are in prison. Women do not have enough access to support services, including services that respond to diverse needs.^[97] CASA outreach support to prisons was described as ‘amazing’ but ‘saturated’.^[98] We heard about a lack of culturally appropriate support for Aboriginal people and people from multicultural communities in prison.^[99] Women in prison might also not receive support that meets their complex health, social and trauma needs.^[100]

• when they are released from prison. The support that they were receiving in prison might end—for example, because they moved to a different region or otherwise find it difficult to connect with support services in the community.^[101] They might not be eligible for community treatment programs because of their offending history.^[102]

8.55 We heard that this represents a missed opportunity, as prison ‘can be containing’ for some women and can separate them from the stressors and risks in their everyday life.^[103] It may provide ‘a window in which they might be motivated to address longstanding issues’.^[104]

8.56 Despite the important recommendations of the Royal Commission on Family Violence on women in prison, it seems that more needs to be done to improve the justice system’s response here, especially for women who have experienced sexual violence.

Children and young people in contact with the justice system need support

Early intervention and treatment for young people using harmful sexual behaviour

8.57 Harmful sexual behaviour by children and young people makes up a large part of child sexual abuse.^[105] It is widely accepted to be different to sexual offending by adults.^[106] For example, harmful sexual behaviour does not indicate that the young person will offend as an adult.^[107] Such behaviour may be found in the context of experiences of family violence, child neglect and sometimes sexual or other assault.^[108]

8.58 We agree with submissions and consultations that children and young people using harmful sexual behaviour need to be supported to stay out of contact with the justice system.^[109]

8.59 Victoria takes a mostly therapeutic and rehabilitative response to this behaviour. First, children and young people (up to 18) can be voluntarily referred to a Sexually Abusive Behaviour Treatment Services before they come into contact with the justice system. These are age-appropriate services that provide therapeutic treatment (for up to two years) to help someone to stop using harmful sexual behaviour.^[110] Secondly, children and young people can be diverted from the criminal justice system through a Therapeutic Treatment Order made by the Children’s Court.^[111]

8.60 There was wide support for Victoria’s therapeutic response to children and young people in submissions and consultations.^[112]

8.61 We heard that it was generally working well,^[113] but there is currently:

• a lack of available treatment services

• a need for more initiatives (such as early intervention).

8.62 Waiting lists for services are long, which means people cannot access timely treatment.^[114] Services are not readily available in rural and regional areas.^[115]

The Victorian Aboriginal Child Care Agency also highlighted the need for a culturally appropriate and holistic models of care for Aboriginal young people.^[117]

8.63 There is also a need for:

• early intervention and prevention initiatives for harmful sexual behaviour.^[118] For example, Jesuit Social Services mentioned an online tool they were developing to encourage young people to seek information and help.^[119] Unlike existing treatment programs that respond to someone’s use of harmful sexual behaviour, these initiatives aim to prevent it from happening.

• a range of responses to harmful sexual behaviour. For example, the Gatehouse Centre proposed the use of restorative justice and Circles of Support and Accountability (see Chapters 9 and 13).^[120]

What are the needs and experiences of young people in contact with the justice system?

8.64 We did not focus more broadly on children and young people in contact with the justice system and their experiences of sexual violence. Our timeframes did not allow us to engage with all groups who experience sexual violence.

8.65 However, our wider consultations (on children and young people) suggest that young people in contact with the justice system face specific barriers to reporting to the police. As with women, these can relate to past experiences of discrimination or a fear that they will not be believed.

8.66 Young people in contact with the justice system are also likely to have experiences of sexual violence. Young people in residential care, who are over-represented in the justice system, have considerable experiences of sexual violence.^[122] Research indicates a connection between young people’s own experience of sexual abuse and later offending, especially sexual offending.^[123]

8.67 The Royal Commission into Institutional Responses to Child Sexual Abuse also recommended that young people in detention should have access to therapeutic treatment, inside and when they leave detention, as well as advocacy or other support.^[124] In response, the Victorian Government has outlined the individualised case management it has in place for young people.^[125] The Royal Commission also supported initiatives to keep children and young people using harmful sexual behaviour out of the justice system, including primary prevention, early intervention and rehabilitative treatment.^[126]

The overlap between victimisation and contact with the justice system must be addressed

8.68 We recommend that the connection between women and children’s sexual victimisation and contact with the justice system should be a priority area in the Victorian Government’s Sexual Assault Strategy. We discuss the Sexual Assault Strategy in Chapter 1.

8.69 The Strategy should address women, children and young people in contact with the justice system more broadly—including children engaging in harmful sexual behaviour.

8.70 The overlap regarding women’s imprisonment and victimisation is a growing focus of research and advocacy. The research highlights:

• the need for ‘throughcare’ approaches—these ensure support starts in prison and flows with people when they leave

• the potential of diversion (including for women on remand).^[127]

8.71 A new specialist legal service, the Law and Advocacy Centre for Women, combines legal advice and representation with case management to respond to the underlying causes of women’s imprisonment.^[128] They join existing support and advocacy groups for women in contact with the justice system, such as Flat Out. The Victorian Government could consult with these researchers and organisations to identify how to improve their access to support and justice options.

8.72 Children’s and young people’s needs and current approaches can be assessed in the development of the Sexual Assault Strategy. However, both our inquiry and the Royal Commission into Institutional Responses to Child Sexual Abuse highlight the need for early intervention, for existing treatment services to be funded to meet demand, and for tailored approaches for Aboriginal young people.^[129] The Victorian Government has indicated its commitment to all three goals, also recently announcing further funding for treatment services.^[130]

8.73 Funding of therapeutic interventions for harmful sexual behaviour should continue to be a priority for government. The Sexual Assault Strategy can develop early intervention initiatives (beyond existing treatment services) and assess further funding needs.^[131]

How can we support all communities to report to police?

8.74 While not everyone will want to report to police, everyone should be able to report if they want. Community-based organisations can help to extend the reach of reporting and justice options, but more is also needed. For under-served communities to have their justice needs met, the justice system must work harder to earn their trust and reach out to them.

8.75 In this inquiry we heard calls for different reforms to improve trust between police and diverse communities, including community liaison positions and further police training.^[132] We recommend further police training and specialisation elsewhere (see Chapters 17 and 18).

8.76 In this chapter, we discuss what else is needed to enable all communities to report to the police, if that is what they want. We recommend that specialist sexual offences police enhance their engagement with community groups in their region to create strong partnerships and referral pathways. This should include people living in residential and institutional contexts (see Chapter 7). As the Royal Commission into Institutional Responses to Child Sexual Abuse stressed, police–community engagement can have particular impact for people and communities who might face greater barriers to reporting.^[133]

SOCITs should strengthen their engagement with priority communities

8.77 We heard that community–police relations are better in places where police have spent time and effort building good relationships with local communities. We heard that some Sexual Offences and Child Abuse Investigation Teams (SOCITs) already have good relationships with local services.^[134] Some members of the Loddon Mallee RAJAC explained that the local SOCIT has ‘done their homework’ with community. They provide a lot of support ‘and do it quietly and confidentially’.^[135] The Commissioner for Aboriginal Children and Young People noted good pockets of police practice in some Aboriginal communities.^[136]

8.78 The SANO Taskforce has also had a positive influence on people’s attitudes towards reporting. This can be linked to its specialised focus and dedicated efforts in community engagement.^[137] The In Good Faith Foundation told us that the SANO Taskforce is willing to reach out and build relationships with support services for victim survivors of child sexual abuse. The SANO Taskforce has referral arrangements with legal and support services, who can also contact SANO on a client’s behalf.^[138] Community organisations praised SANO’s flexibility in meeting with people at different locations, such as cafes, their home or at the community organisation itself.^[139]

8.79 Organisations like Djirra called for similar arrangements, such as conducting interviews at Djirra.^[140] The Royal Commission into Institutional Responses to Child Sexual Abuse also recommended that police work with community support services to make it easier for people (including people with disability, people from migrant and refugee backgrounds and people from Aboriginal communities) to report sexual violence.^[141]

8.80 There is an opportunity to build on the good work that Victoria Police is already doing with priority communities (see Chapter 17). This can be achieved by making sure that good practice examples become more widespread, especially those with a focus on sexual violence.

8.81 We recommend that Victoria Police SOCITs do more to ‘reach out’ and build relationships with the community in their regional areas. They could meet regularly with community organisations, legal centres, services, and institutions in those areas, while drawing on the expertise of the Priority Communities Division. There is value in this work being done by SOCITs who have specialist skills on sexual violence. In Chapter 18 we discuss the benefits of specialisation when it comes to responding to sexual violence.

8.82 As part of this work, SOCIT teams could develop protocols with community organisations and services (including residential services) in their area that might include pathways to police reporting. Protocols would ‘formalise, and make standard, such relationships’.^[142] In Chapter 4, we recommend a multi-agency protocol to formalise how different organisations in the sexual assault system work together.

8.83 Victoria Police should also consider the appointment of specialist community engagement advisors within each SOCIT team. This could be similar to the Family Violence Service System Navigators (who focus on engaging with local services and increasing access to family violence supports for everyone in the community) discussed in Chapter 5.

Are more community liaison positions needed?

8.84 In our inquiry, some organisations highlighted the value of community liaison officers. Several organisations representing people who work in the sex industry called for dedicated sex work police liaison officers.^[143] Some referred to a sex work liaison officer in New South Wales who does outreach at King’s Cross Station.^[144]

8.85 Other community organisations proposed making community liaison positions more available, diverse or specialised. They commented on the variability in how well these positions were used by Victoria Police.^[145]

8.86 Victoria Police told us about the challenges of police liaison positions. It may not be practical to have liaison positions for multiple communities that were available whenever they were needed. They also saw it as the responsibility of every police member to be able to ‘deal with diversity’.^[146]

8.87 Instead, Victoria Police suggested broad initiatives to strengthen community engagement. They saw community-led initiatives as valuable in helping people identify sexual violence, understand their justice options and receive the support they need to engage with police.^[147]

8.88 Community–police partnerships focused on sexual violence would ensure that victim survivors have clear pathways to police reporting, but also benefit from all the extra support and safety of community-based organisations. Given the positive contribution that community organisations make, we think such partnerships are the best approach. It can be complemented with community liaison positions if that is what the community needs.

1. Consultation 30 (Djirra).

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2. Submissions 9 (Djirra), 65 (Aboriginal Justice Caucus); Consultation 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group).

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3. Consultations 22 (First roundtable on the experience of LGBTIQA+ people), 5 (Associate Professors Anastasia Powell and Asher Flynn).

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4. Submissions 30 (Red Files Inc.), 58 (Law and Advocacy Centre for Women Ltd); Consultation 60 (Flat Out); 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). At the time of writing, the Victorian Government is considering the decriminalisation of all sex work in Victoria: Calla Wahlquist, ‘Victorian Government to Decriminalise Sex Work after Review Hears of Exploitation’, The Guardian (online, 30 June 2021) <https://www.theguardian.com/australia-news/2021/jun/30/victorian-government-to-decriminalise-sex-work-after-review-hears-of-exploitation>. People working in the sex industry are likely to still face barriers to reporting to police due to past criminalisation and the social stigma associated with sex work.

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5. Consultation 98 (Care Leavers Australasia Network); Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 398.

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6. Consultation 98 (Care Leavers Australasia Network).

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7. Submissions 49 (inTouch Multicultural Centre Against Family Violence), 54 (Victorian Multicultural Commission); Consultations 46 (Safer Families Research Centre and Monash Social Inclusion Centre), 47 (Refugee Health Network and Refugee Health Program), 72 (Asylum Seeker Resource Centre).

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

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9. Our stakeholders highlighted areas that they felt needed attention, including the legalisation of all sex work, amending the laws on visa cancellations and increasing police accountability: see, eg, Submissions 30 (Red Files Inc.) (on the decriminalisation of sex work), 40 (Law Institute of Victoria) (on visa cancellations); Consultation 52 (Victorian Aboriginal Legal Service) (on police accountability). See also Submission 5 (Murdoch Children’s Research Institute and The University of Melbourne) (on the age of criminal responsibility and detention and the decriminalisation of drugs).

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10. In particular, as cited throughout the chapter, our recommendations reflect multiple consultations and submissions focusing on the experiences of Aboriginal communities and people who work in the sex industry, and fewer focusing on the experiences of LGBTIQA+ communities, women seeking asylum and women from migrant and refugee backgrounds, care leavers and children and women in contact with the justice system.

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11. See especially Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) Recommendations 139–186 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

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12. Ibid Recommendations 183–85; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendations 15.1–15.10 <https://www.childabuseroyalcommission.gov.au/final-report>.

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13. Consultation 72 (Asylum Seeker Resource Centre). See also Submission 49 (inTouch Multicultural Centre Against Family Violence).

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14. See, eg, Consultation 72 (Asylum Seeker Resource Centre).

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15. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 4, 36 <https://www.childabuseroyalcommission.gov.au/final-report>; 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) 29–30, 38 <https://aic.gov.au/publications/archive/no-longer-silent>.

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16. Submission 12 (Women’s Legal Service Victoria).

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17. This statistic is from 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>; 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>. In this survey, 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.

    ↑

18. See, eg, 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 <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>; 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>; 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, 72 <http://anrows.org.au/publications/landscapes/invisible-women-invisible-violence-understanding-and-improving-data-the>.

    ↑

19. Submission 58 (Law and Advocacy Centre for Women Ltd).

    ↑

20. Submission 30 (Red Files Inc.).

    ↑

21. Submissions 5 (Murdoch Children’s Research Institute and The University of Melbourne), 13 (Australian Association of Social Workers), 30 (Red Files Inc.), 50 (Project Respect), 58 (Law and Advocacy Centre for Women Ltd); Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

    ↑

22. Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020) 5.

    ↑

23. See Victorian Law Reform Commission, Sexual Offences (Report No 5, July 2004) [2.27]–[2.47].

    ↑

24. See Consultations 14 (Sexual Assault Services Victoria), 47 (Refugee Health Network and Refugee Health Program); Submission 33 (Sex Work Law Reform Victoria); 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) 34–6 <https://apo.org.au/node/305778>.

    ↑

25. Consultation 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group).

    ↑

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

    ↑

27. On understanding community norms: see, eg, Submission 49 (inTouch Multicultural Centre Against Family Violence); Consultation 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group).

    ↑

28. Carlina Black, Margarita Frederico and Muriel Bamblett, ‘Healing through Connection: An Aboriginal Community Designed, Developed and Delivered Cultural Healing Program for Aboriginal Survivors of Institutional Child Sexual Abuse’ (2019) 49 British Journal of Social Work 1059, 1076–8; Josephine V Serrata et al, ‘Well-Being of Latina Survivors of Intimate Partner Violence and Sexual Assault Receiving Trauma-Informed and Culturally-Specific Services’ (2020) 35(2) Journal of Family Violence 169, 178; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 171
    
    <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

29. Consultation 30 (Djirra).

    ↑

30. Department of Health and Human Services (Vic), Part 1: Aboriginal and Torres Strait Islander Cultural Safety Framework (Report, 2019) 7 <https://www.dhhs.vic.gov.au/sites/default/files/documents/202004/Part%201-Aboriginal%20and%20Torres%20Strait%20Islander%20cultural%20safety%20framework-20190620.pdf>. See also Jami Jones et al, Rainbow Tick Standards: A Framework for LGBTIQ Cultural Safety (Report, Rainbow Health Victoria, 3rd ed, 2020) 6–7.

    ↑

31. Submission 49 (inTouch Multicultural Centre Against Family Violence).

    ↑

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

    ↑

33. See, eg, 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) 6.

    ↑

34. Submission 49 (inTouch Multicultural Centre Against Family Violence); Red Cross Australia, Forced Marriage: Community Voices, Stories and Strategies (Report, May 2019) 8–9, 48 <https://www.redcross.org.au/getmedia/ad745e1b-c62f-4831-b8c3-a389b3037c34/Forced-Marriage-Community-Voices-Stories-and-Strategies-Australian-Red-Cross.pdf.aspx>.

    ↑

35. Submission 30 (Red Files Inc.). For discussion of Ugly Mugs: see Star Health in Consultation 48 (Star Health and Project Respect); Red Cross Australia, Forced Marriage: Community Voices, Stories and Strategies (Report, May 2019) 6, 10, 51 <https://www.redcross.org.au/getmedia/ad745e1b-c62f-4831-b8c3-a389b3037c34/Forced-Marriage-Community-Voices-Stories-and-Strategies-Australian-Red-Cross.pdf.aspx>.

    ↑

36. Nicole Minckas, Geordan Shannon and Jenevieve Mannell, ‘The Role of Participation and Community Mobilisation in Preventing Violence against Women and Girls: A Programme Review and Critique’ (2020) 13(1) Global Health Action 1, 9–10.

    ↑

37. New Zealand Prostitutes’ Collective and New Zealand Police, What to Do: A Guide for Sex Workers Who Have Experienced Sexual Assault (Report, 2018) <https://www.nzpc.org.nz/pdfs/WHAT-TO-DO-A-guide-for-sex-workers-who-have-experienced-sexual-assault.pdf>.

    ↑

38. Consultation 34 (Project Respect Women’s Advisory Group).

    ↑

39. Submission 30 (Red Files Inc); Star Health in Consultation 48 (Star Health and Project Respect).

    ↑

40. Submission 9 (Djirra); ‘Prevention of Family Violence’, Djirra (Web Page) <https://djirra.org.au/what-we-do/>.

    ↑

41. See, eg, Consultations 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement), 30 (Djirra).

    ↑

42. ‘Prevention of Family Violence’, Djirra (Web Page) <https://djirra.org.au/what-we-do/>.

    ↑

43. Consultation 30 (Djirra).

    ↑

44. Consultation 34 (Project Respect Women’s Advisory Group).

    ↑

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

    ↑

46. Submission 9 (Djirra).

    ↑

47. Consultation 67 (Loddon Mallee Regional Aboriginal Justice Advisory Committee).

    ↑

48. Submission 9 (Djirra).

    ↑

49. Submission 33 (Sex Work Law Reform Victoria).

    ↑

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

    ↑

51. Submission 49 (inTouch Multicultural Centre Against Family Violence).

    ↑

52. Consultation 22 (First roundtable on the experience of LGBTIQA+ people). For an earlier collaboration between sexual assault services and Aboriginal community organisations: see Lisa Thorpe, Rose Solomon and Maria Dimopoulos, From Shame to Pride: Access to Sexual Assault Services for Indigenous People (Report, Elizabeth Hoffman House, 2004).

    ↑

53. Submission 30 (Red Files Inc.).

    ↑

54. See, eg, Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 5, Recommendations 139, 146, 163, 168 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>. The role of community organisations was also highlighted in the recent victim services review by the Centre for Innovative Justice: Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 60 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

55. Submission 54 (Victorian Multicultural Commission).

    ↑

56. Consultation 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement); Submission 54 (Victorian Multicultural Commission).

    ↑

57. See, eg, ‘2021 Grant Program—Supporting Multicultural and Faith Communities to Prevent Family Violence’, Victorian Government (Web Page, 2 July 2021) <https://www.vic.gov.au/dffh/prevent-family-violence-2021-grant-program>; Department of Justice and Regulation (Vic), ‘Building Safer Communities Program’, Community Crime Prevention (Web Page, 2021) <https://www.crimeprevention.vic.gov.au/buildingsafercommunities>.

    ↑

58. For example, Rainbow Door services: Consultation 22 (First roundtable on the experience of LGBTIQA+ people). See also Submission 9 (Djirra).

    ↑

59. For example, Star Health mentioned the program known as ‘Ugly Mugs’: Consultation 48 (Star Health and Project Respect).

    ↑

60. Consultation 45 (Sex Work Law Reform Victoria).

    ↑

61. Consultation 84 (Aboriginal Justice Caucus).

    ↑

62. Sexual Assault Services Victoria and centres against sexual assault in Consultation 78 (Roundtable on reporting).

    ↑

63. See, eg, Consultations 47 (Refugee Health Network and Refugee Health Program); 84 (Aboriginal Justice Caucus). We also recommended the development of specialist training for Aboriginal community members and workers in our 2004 report on sexual: Victorian Law Reform Commission, Sexual Offences (Report No 5, July 2004) Recommendation 1. The Royal Commission into Family Violence also made recommendations for family violence specialist services collaborate to provide training, for example, on family violence and sexual assault for faith leaders and communities: Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) Recommendation 163 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

    ↑

64. Consultation 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group). As discussed below, training packages are being developed for and delivered in Aboriginal community organisations across Victoria. See also Djirra who calls for ‘specialist training and mentoring’ from specialist sexual assault services: Submission 9 (Djirra).

    ↑

65. Sexual Assault Services Victoria highlighted that sole workers dealing with sexual violence in broader organisations could feel isolated and they need to be supported in this work, eg through group sessions: Consultation 78 (Roundtable on reporting).

    ↑

66. See, eg, ibid.

    ↑

67. Some consultations highlighted the opportunity for centres against sexual assault to be more inclusive: see, eg, Consultations 20 (Members of Barwon South West RAJAC and Barwon South West Dhelk Dja Action Group), 67 (Loddon Mallee Regional Aboriginal Justice Advisory Committee). See also 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).

    ↑

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

    ↑

69. Submission 9 (Djirra); Consultations 72 (Asylum Seeker Resource Centre), 76 (YACVic and YACVic Young People).

    ↑

70. Sexual Assault Services Victoria and centres against sexual assault in Consultation 78 (Roundtable on reporting).

    ↑

71. See, eg, Submissions 9 (Djirra), 21 (Victorian Aboriginal Child Care Agency), 65 (Aboriginal Justice Caucus).

    ↑

72. Victorian Government, Dhelk Dja: Safe Our Way—Strong Culture, Strong Peoples, Strong Families (Agreement, October 2018) 7 <http://www.vic.gov.au/dhelk-dja-partnership-aboriginal-communities-address-family-violence>; Consultation 84 (Aboriginal Justice Caucus).

    ↑

73. Submission 9 (Djirra); Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 161. See also Carlina Black, Margarita Frederico and Muriel Bamblett, ‘Healing through Connection: An Aboriginal Community Designed, Developed and Delivered Cultural Healing Program for Aboriginal Survivors of Institutional Child Sexual Abuse’ (2019) 49 British Journal of Social Work 1059.

    ↑

74. Submission 21 (Victorian Aboriginal Child Care Agency).

    ↑

75. Submission 65 (Aboriginal Justice Caucus). See also Victorian Government, ‘Acknowledgement of Aboriginal People and Communities in Victoria’, VIC.GOV.AU (Web Page) <https://www.vic.gov.au/nargneit-birrang-aboriginal-holistic-healing-framework-family-violence/acknowledgement-aboriginal>.

    ↑

76. See, eg, Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) Recommendation 146 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>; Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendations 9.2, 9.7 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

77. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) vol 9, 80, 77–82 <https://www.childabuseroyalcommission.gov.au/final-report>.

    ↑

78. Victorian Law Reform Commission, Sexual Offences (Report No 5, July 2004) [2.36]–[2.37].

    ↑

79. Most recently, Marise Payne, Anne Ruston and Jane Hume, Women’s Budget Statement 2021–22 (Report, Commonwealth of Australia, 11 May 2021) 23 <https://budget.gov.au/2021-22/content/womens-statement/index.htm>.

    ↑

80. Premier of Victoria, ‘Putting the Safety of Victorian Women and Children First’ (Media Release, 20 May 2021) <https://www.premier.vic.gov.au/putting-safety-victorian-women-and-children-first>.

    ↑

81. Victorian Government, Annual Report 2020—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, December 2020) 8 <https://content.vic.gov.au/sites/default/files/2020-12/RCIIR%20to%20Child%20Sexual%20Abuse%20Annual%20Report20.pdf>.

    ↑

82. See also the work of the Safe Pathways to Healing Working Group (North Metropolitan Aboriginal Sexual Assault Prevention and Healing Advisory Group, Dhelk Dja North Metro Action Group); Lisa Thorpe, Rose Solomon and Maria Dimopoulos, From Shame to Pride: Access to Sexual Assault Services for Indigenous People (Report, Elizabeth Hoffman House, 2004).

    ↑

83. See, eg, Submissions 9 (Djirra), 65 (Aboriginal Justice Caucus).

    ↑

84. Submission 65 (Aboriginal Justice Caucus).

    ↑

85. Submission 9 (Djirra).

    ↑

86. Ibid.

    ↑

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

    ↑

88. Submission 21 (Victorian Aboriginal Child Care Agency).

    ↑

89. Consultation 30 (Djirra).

    ↑

90. Submission 21 (Victorian Aboriginal Child Care Agency).

    ↑

91. Submission 65 (Aboriginal Justice Caucus); Consultation 84 (Aboriginal Justice Caucus).

    ↑

92. Submission 5 (Murdoch Children’s Research Institute and The University of Melbourne).

    ↑

93. See, eg, ibid; Submissions 13 (Australian Association of Social Workers), 58 (Law and Advocacy Centre for Women Ltd); Consultations 60 (Flat Out), 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’).

    ↑

94. Submissions 5 (Murdoch Children’s Research Institute and The University of Melbourne), 13 (Australian Association of Social Workers), 58 (Law and Advocacy Centre for Women Ltd).

    ↑

95. Submission 58 (Law and Advocacy Centre for Women Ltd).

    ↑

96. Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 5, 238–9, 241–4, Recommendations 183–5 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

    ↑

97. Submission 22 (knowmore legal service); Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault); See also Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020).

    ↑

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

    ↑

99. Submission 58 (Law and Advocacy Centre for Women Ltd); Consultations 53 (Elizabeth Morgan House and 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’); Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020) 11.

    ↑

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

     ↑

101. Submission 17 (Sexual Assault Services Victoria); Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault).

     ↑

102. Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020) 9.

     ↑

103. Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’). See also Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault).

     ↑

104. Consultation 66 (Consultation focused on people who have a lived experience of states of mental and emotional distress commonly labelled as ‘mental health challenges’). See also Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault). More broadly, prison is recognised as a traumatising place for victim survivors of sexual offences: Submission 5 (Murdoch Children’s Research Institute and The University of Melbourne); Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020) 5; Bianca Fileborn and Mary Stathopoulos, ‘Can Prisons Be Supportive of Victim/Survivors’ Needs? Considering the Role of Prison Culture and Alternative Responses’ (Conference Paper, Australian and New Zealand Critical Criminology Conference, 12 July 2012) 66, 67–8 <https://www.utas.edu.au/__data/assets/pdf_file/0006/418749/Changing_the_way_we_think_about_change-_-_Australian_and_New_Zealand_Critical_Criminology_Conference_Proceedings_2012.pdf>.

     ↑

105. For example, some studies estimate that siblings are responsible for up to 40% of child sexual abuse: Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 17 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>. See also Antonia Quadara et al, Good Practice in Delivering and Evaluating Interventions for Young People with Harmful Sexual Behaviours (ANROWS Research Report No 18, June 2020) 8 <https://www.anrows.org.au/project/good-practice-in-delivering-and-evaluating-interventions-for-young-people-with-harmful-sexual-behaviours/>.

     ↑

106. Antonia Quadara et al, Good Practice in Delivering and Evaluating Interventions for Young People with Harmful Sexual Behaviours (ANROWS Research Report No 18, June 2020) 25 <https://www.anrows.org.au/project/good-practice-in-delivering-and-evaluating-interventions-for-young-people-with-harmful-sexual-behaviours/>.

     ↑

107. Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 2, 220 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

     ↑

108. Antonia Quadara et al, Conceptualising the Prevention of Child Sexual Abuse (Research Report No 33, Australian Institute of Family Studies (Cth), June 2015) 17–18 <https://aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse>; Royal Commission into Family Violence: Report and Recommendations (Final Report, March 2016) vol 2, 220-1 <http://rcfv.archive.royalcommission.vic.gov.au/Report-Recommendations.html>.

     ↑

109. Submissions 14 (Gatehouse Centre, Royal Children’s Hospital), 21 (Victorian Aboriginal Child Care Agency); Consultation 73 (Family Safety Victoria (No 1)).

     ↑

110. Victorian Government, Annual Report 2018—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, February 2019) 10 <https://apo.org.au/node/223711>.

     ↑

111. Children, Youth and Families Act 2005 (Vic) pt 4.8 div 3. This can occur before they are charged or once a case is in the Children’s Court: ibid ss 185, 349(2).

     ↑

112. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 14 (Gatehouse Centre, Royal Children’s Hospital), 27 (Victoria Legal Aid), 40 (Law Institute of Victoria), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton); Consultation 61 (Children’s Court of Victoria).

     ↑

113. Submissions 27 (Victoria Legal Aid), 40 (Law Institute of Victoria), 68 (Victoria Police); Consultation 61 (Children’s Court of Victoria).

     ↑

114. Submissions 14 (Gatehouse Centre, Royal Children’s Hospital), 27 (Victoria Legal Aid). The Victorian Aboriginal Child Care Agency also highlighted the long time it takes to get an order: Submission 21 (Victorian Aboriginal Child Care Agency).

     ↑

115. Submission 21 (Victorian Aboriginal Child Care Agency).

     ↑

116. Submission 27 (Victoria Legal Aid).

     ↑

117. Submission 21 (Victorian Aboriginal Child Care Agency). They also recommended ‘tailored funding packages’ to assist children and young people to access care.

     ↑

118. Submissions 14 (Gatehouse Centre, Royal Children’s Hospital), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton); Consultation 73 (Family Safety Victoria (No 1)). See also Gemma McKibbin, Nick Halfpenny and Cathy Humphreys, ‘Respecting Sexual Safety: A Program to Prevent Sexual Exploitation and Harmful Sexual Behaviour in out-of-Home Care’ (2019) Australian Social Work 1.

     ↑

119. Submission 24 (Jesuit Social Services).

     ↑

120. Submission 14 (Gatehouse Centre, Royal Children’s Hospital).

     ↑

121. Consultation 85 (Roundtable on the experience of children and young people).

     ↑

122. 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) 18–9 <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/>; Sentencing Advisory Council (Vic), ‘Crossover Kids’: A Comparison of Two Studies (Factsheet, 13 December 2019) 3–4 <https://www.sentencingcouncil.vic.gov.au/sites/default/files/2019-12/Crossover_Kids_Comparison_of_Two_Studies.pdf>.

     ↑

123. See, eg, Commission for Children and Young People (Vic), Our Youth, Our Way: Inquiry into the Overrepresentation of Aboriginal Children and Young People in the Victorian Youth Justice System (Report, 2021) 190; 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. See also Submission 5 (Murdoch Children’s Research Institute and The University of Melbourne); Consultation 85 (Roundtable on the experience of children and young people).

     ↑

124. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 15.7 <https://www.childabuseroyalcommission.gov.au/final-report>.

     ↑

125. See, eg, Victorian Government, Annual Report 2019—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, December 2019) 12–13 <http://www.vic.gov.au/victorian-government-annual-report-2019-royal-commission-institutional-responses-child-sexual-abuse/redress-civil-litigation-report-2015>.

     ↑

126. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 10.1 <https://www.childabuseroyalcommission.gov.au/final-report>.

     ↑

127. See, eg, Australia’s National Research Organisation for Women’s Safety (ANROWS), Women’s Imprisonment and Domestic, Family and Sexual Violence: Research Synthesis (Report, July 2020) 2. See also 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) 42 <https://www.anrows.org.au/publications/horizons/the-forgotten-victims-prisoner-experience-victimisation-and-engagement-the>.

     ↑

128. Submission 58 (Law and Advocacy Centre for Women Ltd).

     ↑

129. Royal Commission into Institutional Responses to Child Sexual Abuse: Final Report (Report, December 2017) Recommendation 10.1, 10.3 <https://www.childabuseroyalcommission.gov.au/final-report>.

     ↑

130. Victorian Government, Annual Report 2018—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, February 2019) 10 <https://apo.org.au/node/223711>; Victorian Government, Creating Jobs, Caring for Victorians (Budget Paper No 3, May 2021) 51.

     ↑

131. In its most recent annual report on implementation of the Commission’s recommendations, the Victorian Government refers only to existing treatment services regarding early intervention initiatives: see Victorian Government, Annual Report 2020—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, December 2020) 9 <https://content.vic.gov.au/sites/default/files/2020-12/RCIIR%20to%20Child%20Sexual%20Abuse%20Annual%20Report20.pdf>.

     ↑

132. Submissions 17 (Sexual Assault Services Victoria), 30 (Red Files Inc.), 50 (Project Respect); Consultation 45 (Sex Work Law Reform Victoria).

     ↑

133. See Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendations 4(d), 5.

     ↑

134. Consultation 92 (Dr Patrick Tidmarsh).

     ↑

135. Consultation 67 (Loddon Mallee Regional Aboriginal Justice Advisory Committee).

     ↑

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

     ↑

137. Submissions 18 (In Good Faith Foundation), 22 (knowmore legal service).

     ↑

138. Submission 18 (In Good Faith Foundation); Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 290–1.

     ↑

139. Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) 416–7. See also ibid 291.

     ↑

140. Submission 9 (Djirra). See also Consultation 53 (Elizabeth Morgan House and a victim survivor of sexual assault).

     ↑

141. Royal Commission into Institutional Responses to Child Sexual Abuse: Criminal Justice Report (Executive Summary and Parts I-II, 2017) Recommendation 4(d), 5.

     ↑

142. Consultation 92 (Dr Patrick Tidmarsh).

     ↑

143. Submission 30 (Red Files Inc.); Consultations 34 (Project Respect Women’s Advisory Group), 45 (Sex Work Law Reform Victoria).

     ↑

144. Submissions 30 (Red Files Inc.), 33 (Sex Work Law Reform Victoria).

     ↑

145. Consultations 23 (Sexual Assault Services Victoria Specialist Children’s Services), 29 (Safe Pathways to Healing Working Group (North Metropolitan Aboriginal Sexual Assault Prevention and Healing Advisory Group)); Consultation 79 (Commissioner for Aboriginal Children and Young People and Manager, Koori Advisory and Engagement).

     ↑

146. Consultation 80 (Victoria Police (No 2)).

     ↑

147. Ibid.

     ↑