Our justice system (police) needs to respond better to rape and sexual violence
To hold perpetrators of rape and sexual assault accountable we need:
Victim/survivors of rape and sexual assault victim/survivors to report to police
Police to investigate, consistently, predictably, without bias, victim-blaming and without retraumatising
Prosecutors to bring cases
Our courts to have victim/survivor focused practise (including specialist courts, prosecutors and juries)
Unfortunately, only about 10% of victim/survivors have confidence to report to police. To hold perpetrators accountable we need victim/survivors to come forward - they won’t when the police, court and justice process is so dreadful. To prevent rape and sexual assault, we must demonstrate that there are consequences.
In Australia less than 1% of men who rape and sexually assault women face any legal consequences. Effectively “we live in a society that has decriminalised rape and sexual assault” (Rachael Burgin). We have to quickly change this picture. The proposals in this campaign have been developed by lawyers, in consultation with victim/survivors and spearheaded by Solicitor and victim/survivor Karen Iles.
We must enhance and improve police response to victim/survivors of sexual assault. These proposals are a first step.
Advocacy in Action - Karen Iles giving evidence to the Senate Legal & Constitutional Affairs Committee Inquiry into Missing and murdered First Nations women and children (2024)
You can read about the Inquiry findings on the Committee’s website.
What is needed - the campaign asks
Karen has written to each Attorney-General around the country to ask them to commit to three key changes to improve outcomes for rape and sexual assault survivors, missing, murdered and sexually assaulted First Nations women and children, and victim/survivors of domestic and family violence:
Legally enforceable Duty of Care for victim/survivors - currently there is no Duty of Care owed by police to victim/survivors. They owe perpetrators and defendants a duty of care - but not victim/survivors! We urgently need a Duty of Care to make sure that Police don't re-traumatise victim/survivors. This goes beyond anti victim-blaming training. We want police to take care of victim/survivors; to support referrals to mental health, independent lawyers and other supports.
Legally mandated minimum standards of investigation - currently police have discretion what, if at all, to investigate and how. This means that bias (such as racism, homophobia, victim-blaming) negatively impacts police (in)action. We want access to justice to be evenly applied, police responses to ALL victim/survivors should be predictable and without bias.
Independent and transparent police accountability mechanisms - no more police investigating police. When police don't exercise a duty of care and harm/retraumatise victim/survivors, or unreasonably refuse to investigate, they must be held accountable.
Karen is asking Attorney-Generals to commit to change the law before the end of the year (2024); and to make sure victim-survivors are consulted every step of the way.
In addition; Karen is calling for:
National principles to ensure consistency across all States and Territories
Support for Independent lawyers for victim/survivors to support, advise and represent in all steps of the process (from reporting to police all the way through the court process)
All instances of cross-jurisdiction rape and sexual assault to be handled by the Australian Federal Police to ensure that victim/survivors aren’t dealing with multiple police forces in multiple jurisdictions regarding the same perpetrators.
Advocacy in Action - Karen Iles giving evidence to the Senate Legal & Constitutional Affairs Committee Inquiry into Current and proposed sexual consent laws in Australia (2023)
You can read about the Inquiry findings on the Committee’s website.
Watch and share Karen Iles on the The Project speaking about the urgent changes needed.
Duty of Care owed by police to victim/survivors
Minimum standards of police investigation for serious crimes
Independent and transparent police accountability mechanisms - no more police investigating police
What do Australians say about this issue? Read the national opinion polling results.
70% of Australians believe our governments should introduce a set of legal minimum requirements for police to investigate reports of aggravated sexual assault.
Essential Research, 7 March 2023
12% oppose (!) police having to investigate reports of aggravated sexual assault.
18% are neutral; neither supporting or opposing.
Did you know that under current Australian Law there are no legal requirements for police to investigate reports of aggravated sexual assault?
Advocacy in Action
Karen Iles speaking at the Law Society of NSW Annual Conference 2023
Here’s what Australian’s are saying about this campaign
Here are some of the 1,100+ comments from our petition so far!
To read the rest - head to the online petition itself. There are some really moving quotes and personal experiences.
To date we are just shy of 50,000 signatures on the petition itself. Thank you to all of the Community who are involved and behind this campign.
Jada Sanderson - Allegations of child sexual assault must be investigated by police. Children must be protected by our legal system.
Dianne Groves - The law must change
"Jess Robson - I too have been let down by police not investigating serious & repeated sexual abuse by a group of people. Not only let down by police but traumatised by their response their blame immediately put on me and traumatised and silenced by the fear they put in me with mentions of charging me wth making a false report. This was after refusing to take a statement refusing to investigate and ultimately that means refusal to get any legal action taken against the people who hurt me. This has left me with life long scars and life long fear of police. It’s no wonder victims of assault or violence don’t report to police - because the lack of care lack of response and lack of investigation plus the blame means we got back to being silenced.
Tony Stevens - I shouldn’t have to sign a damn petition to get the police to do the right thing! Should be a priority!!!!
Sophie Dargent - How are police not already compelled to do their damn job?!
Jean O’Loughlin - The police need to be better educated in these areas and held accountable for incompetence
"Ollie Knowles - I have had my close family affected by police negligence when it comes to child sexual assault. This needs to stop the police need to bring justice to victims and do their jobs.
Robert Chen - We need to ensure victims of serious crime are supported by the legal and justice system.
Vone Ang - Systemic change is required to give women justice and to turn around violence towards women in Australia.
Jada Sanderson - Allegations of child sexual assault must be investigated by police. Children must be protected by our legal system. Dianne Groves - The law must change "Jess Robson - I too have been let down by police not investigating serious & repeated sexual abuse by a group of people. Not only let down by police but traumatised by their response their blame immediately put on me and traumatised and silenced by the fear they put in me with mentions of charging me wth making a false report. This was after refusing to take a statement refusing to investigate and ultimately that means refusal to get any legal action taken against the people who hurt me. This has left me with life long scars and life long fear of police. It’s no wonder victims of assault or violence don’t report to police - because the lack of care lack of response and lack of investigation plus the blame means we got back to being silenced. Tony Stevens - I shouldn’t have to sign a damn petition to get the police to do the right thing! Should be a priority!!!! Sophie Dargent - How are police not already compelled to do their damn job?! Jean O’Loughlin - The police need to be better educated in these areas and held accountable for incompetence "Ollie Knowles - I have had my close family affected by police negligence when it comes to child sexual assault. This needs to stop the police need to bring justice to victims and do their jobs. Robert Chen - We need to ensure victims of serious crime are supported by the legal and justice system. Vone Ang - Systemic change is required to give women justice and to turn around violence towards women in Australia.
How have our Attorney-General’s responded?
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Federal
The Hon Mark Dreyfus KC MP, Attorney-General
Meeting with the Attorney-General on 2 May 2023 - no commitment to implement campaign proposal as yet.
Meetings with Attorney-General’s office continuing - waiting on a response to the proposal to:
Put the campaign proposal on the meeting agendas for the Standing Council of Attorney-Generals and Police Ministers.
Develop a National set of principles to guide States and Territories
Implement these recommendations with the Australian Federal Police
CAMPAIGN WIN: Australian Law Reform Inquiry into Justice System Responses to Sexual Violence announced (2023)
Police responses to sexual violence are IN SCOPE of the Inquiry
Karen Iles appointed to Expert Advisory Group to Australian Law Reform Inquiry into Justice System Responses to Sexual Violence
Roundtable on 23 August 2023 on sexual assault law reform - Karen Iles included
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New South Wales
The Hon. Michael Daley, NSW Attorney General
NSW ALP pre-election commitment to work with Karen Iles on these proposals - currently the commitment has not been honoured.
Meeting with the Attorney-General - 14 September 2023
No commitment to implement any of the proposals for reform
No commitment to continue discussions - or any contact point provided
No response to proposal
Rejection of requirement to require police to provide victim/survivors, who present and report, a referral to mental health services.
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Queensland
The Hon Yvette D'Ath MP, QLD Attorney-General
Meeting in 2023
Yet to respond positively to proposals for reform
The Hon Shannon Fentiman, Former QLD Attorney-General, current Minister for Women
Two meetings in 2022
Constructive recommendations in Inquiry into Police Responses to Domestic and Family Violence 2022 - yet to be implemented
Government, politician and sector responses: update
You can read the letter Karen has sent to Attorney-Generals here.
See which other Attorneys-General and Politicians have responded here
Advocacy in Action - Karen Iles with NSW Premier Chris Minns and NSW Health Minister Ryan Park announcing the Labor Party’s pre-election commitment to sexual assault victim/survivors (2022)
