A new inquiry launched by the federal government will look into how the justice system responds to cases of sexual violence, in a bid to improve the experiences of victims and survivors.
“All too often, seeking justice adds to the trauma experienced by victims and survivors,” said Attorney-General Mark Dreyfus as he announced the inquiry.
“This inquiry will look at how we can improve victims’ and survivors’ experiences in the justice system by examining relevant laws and legal frameworks, justice sector practices, supports for victims and survivors, and transformative approaches to justice.”
The inquiry falls under the government’s First Action Plan of the National Plan to End Violence against Women and Children 2022-2032, which was part of the government’s $14.7 million package in the last budget.
Dreyfus has appointed the Hon Marcia Neave AO and her Honour Judge Liesl Kudelka of the District Court of South Australia as part-time Commissioners to lead this inquiry.
The inquiry is a key step towards improving justice responses to sexual violence and follows years of sex and consent advocacy in Australia, driven by young women, including Saxon Mullins, Nina Funnell, Brittany Higgins, Grace Tame and Chanel Contos.
These activists were part of a national roundtable last year set up to inform the terms of reference for this long-promised inquiry.
The Government has also established a sexual violence lived-experience Expert Advisory Group (EAG) “to ensure the real life experience of victims and survivors are front and centre in the ALRC inquiry”.
The Minister for Women, Senator Katy Gallagher, said “we consistently hear from women about the issues that affect them – and sadly, sexual violence is raised all too often as something that impacts women’s lives.”
“Seeking justice shouldn’t add to the trauma for victims and this inquiry will look at ways to not only strengthen sexual assault laws but to improve the outcomes and experiences for victims and survivors.”
Today, we've taken a key step to improving the experience of victims and survivors of sexual violence by asking the @AusLawReform to undertake an inquiry into justice responses to sexual violence. pic.twitter.com/GRPFza9EcM
— Amanda Rishworth MP (@AmandaRishworth) January 22, 2024
In Australia, 1 in 5 women has experienced sexual violence since the age of 15.
The home is a dangerous place for this form of violence. For women, 53 per cent of perpetrators are intimate partners, while 69 per cent of assaults occur in a home, according to data from the Australian Bureau of Statistics.
And the rates of violence are disproportionately higher for Aboriginal and Torres Strait Islander women, with 3 in 5 experiencing physical or sexual violence perpetrated by an intimate partner.
Women with disability in Australia also are twice as likely to have experienced sexual violence over their lifetime than women without disabilities.
Greens leader and Senator Larissa Waters said that to change these “unacceptable rates” and “end Australia’s culture of sexual violence”, victims need to feel supported to come forwards to report. This requires the dismantling of “the power imbalances and gender stereotypes that deter them from doing so”.
“Many victim-survivors of sexual, family and domestic violence describe the court process as horrific and retraumatising.
“It will be important to survivors that any ALRC recommendations are taken seriously and implemented promptly, they have waited long enough for a justice system that actually delivers justice for sexual violence survivors,” said Waters.
Last week, the Australian government released a national framework on consent messaging and the promotion of healthy sexual relationships. Under the new framework, the term “consent” is defined more clearly in an effort to create more consistency.
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence call 1800RESPECT on 1800 737 732, chat online via 1800RESPECT.org.au or text 0458 737 732.
If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit www.ntv.org.au.
Feeling worried or no good? No shame, no judgement, safe place to yarn. Speak to a 13YARN Crisis Supporter, call 13 92 76. This service is available 24 hours a day, 7 days a week.
In an emergency, call 000.