The Australian government has announced that the Australian Law Reform Commission (ALRC) will be looking into justice responses to sexual violence in Australia, following a announcement made by the Australian attorney general. This inquiry’s main focus will be on examining legislation and frameworks related to evidence, court procedures, processes, and jury instructions.
In addition to this, the inquiry will review laws related to consent, policies, and training programs for judges, police, and legal practitioners. It will also evaluate support services provided to individuals who have experienced sexual violence. Recognizing the importance of first-hand insight, the government has established an Expert Advisory Group comprising victim-survivors and their advocates. This group will provide advice on how best to implement the ALRC’s recommendations, with a focus on victim-survivor experiences.
In August 2023, the government hosted a National Roundtable on Justice Responses to Sexual Violence, which gathered representatives from victim-survivor groups, service and advocacy sectors, other experts, and Commonwealth, state, and territory ministers. They examined recent national statistics, which brought to light that 1 in 5 women have experienced sexual violence since the age of 15, but only 13 percent chose to report their most recent assault to law enforcement.
Discussions during this roundtable primarily revolved around the support and services within the justice system, court processes, and policing factors. Significant issues came up related to a lack of cultural awareness, training on trauma, and biased views towards minorities which resulted in significant distrust in the reporting system. This has deeply impacted other courts, especially the Federal Circuit and family court proceedings and criminal proceedings.
These discussions proved instrumental in shaping the Terms of Reference for this inquiry. The key points of discussion included laws and procedures for evidence, court and jury, laws related to consent, oversight policies for police and prosecutors, trauma-focused and culturally sensitive training for legal practitioners, support for survivors of sexual violence, and alternatives to criminal prosecution such as restorative justice or compensation schemes.
Negative experiences of victims within the criminal justice system as noted in a 2023 New South Wales Bureau of Crime Statistics and Research (BOCSAR) report was another crucial point of consideration for the inquiry. A participant in the BOCSAR study expressed how the trauma gets exacerbated rather than eased during the legal process.
The ALRC’s inquiry report is anticipated to be delivered to the attorney general by January 22, 2025, and is considered an essential part of the government’s $14.7 million 2023-24 budget commitment to strengthen the justice system’s response to sexual assault. This extends the National Plan to end violence in domestic relationships within a single generation.