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1 Improving the Justice System Response to Sexual Offences Report September 2021. Published by the Victorian Law Reform Commission Chair The Victorian Law Reform Commission was established The Hon. Anthony North QC. under the Victorian Law Reform Commission Act 2000 (Vic) Commissioners as a central agency for developing law reform in Victoria. Liana Buchanan Victorian Law Reform Commission 2021 The Hon. Jennifer Coate AO. This report reflects the law at 30 June 2021. Kathleen Foley The Commission notes that on 13 August 2021 the Bruce Gardner PSM. Victorian Government announced that sex work will be Professor Bernadette McSherry decriminalised in Victoria through a range of reforms Dan Nicholson over the next two years. Alison O'Brien PSM. Gemma Varley PSM. Title: Improving the Justice System Response Dr Vivian Waller to Sexual Offences: Report ISBN: 978 0 6452812 0 0 Chief executive officer Merrin Mason PSM.

2 Ordered to be published Reference team Victorian Government Printer Jacinth Pathmanathan (team leader). PP 280, Session 2018 21 Dr Joyce Chia (senior research and policy officer). Dr Emma Larking (senior research and policy officer). Dr Nesam McMillan (senior research and policy officer). Hana Shahkhan (senior research and policy officer). The cover design of the Improving the Justice System Jasmine Ali (research assistant). Response to Sexual Offences Report communicates open Marcus Hickleton (research assistant). thinking, indicating a multitude of positive possibilities. Avoiding literal representations, it graphically suggests Cover design the impact of law reform. Stephen Banham, Letterbox Text layout Georgie Hollins, GH2 Design Communications Nick Gadd Gemma Walsh Editor Jennifer Lord Improving the Justice System Response to Sexual Offences Report September 2021.

3 GPO Box 4637 Level 3 Telephone Email Melbourne 333 Queen Street +61 3 8608 7800 Victoria 3001 Melbourne Australia Victoria 3000. Freecall 1300 666 555. Australia (within Victoria) Printed on 100% recycled paper Fax +61 3 8608 7888. Victorian Law Reform Commission Improving the Justice System Response to Sexual Offences: Report Note on content This report relates to sexual violence. Some content may be confronting or distressing. If you need help, here are some options for advice and support: ii I don't know that I had hope, but I wanted something to be different. I so needed the narrative to change, for life to take a turn and for me to feel like life is worth it . With everything that's happened I just don't subscribe to this, I don't have hope for change I don't even blame the police as much as our laws, the laws aren't written to protect me.

4 Danielle1. 1 Consultation 81 (Danielle, a victim survivor). iii Victorian Law Reform Commission Improving the Justice System Response to Sexual Offences: Report Contents Terms of xviii Executive xxix 1. 2. Our terms of What we focused on ..2. Our process ..3. Our leadership ..3. What we Submissions we Consultations we Our broader public engagement on Engage 4. Other research and data we 5. Site visits we 6. How we made sure our process was 6. What was out of scope for 6. A note on Our approach to 8. The system needs to be more accessible and 8. The justice gap is real .. 9. The attrition rate is one part of the 9. We need a suite of justice The experience of the process matters ..11. Other reforms should be built 12. Reform needs to be implemented well ..15. The process from PART ONE: SEXUAL VIOLENCE, JUSTICE AND THE 17.

5 2. Sexual violence and Sexual violence is serious, widespread and iv People experience sexual violence in different 20. Some communities experience sexual violence at even higher rates ..22. There are many barriers to 26. What do victim survivors want from a justice process?.. 29. People have justice 29. Justice is more than the justice 3. A community that stands against sexual 36. 36. Sexual violence requires a community 36. Sexual violence is not well understood this contributes to a culture that silences people who experience it .. 38. There should be a commitment to public education about sexual 39. How should public education be delivered? .. 39. What information about sexual violence needs to become common knowledge? .. 40. What groups and settings should be a focus?..42. Employers and other groups must do 46.

6 The response to sexual harassment places a heavy burden on 46. Victoria has a systemic response to sexual harassment, but it does not go far The duty to take steps to eliminate sexual harassment should be 49. There should be an enforceable duty to take steps to eliminate sexual violence .. 51. PART TWO: STRENGTHENING THE 4. Rebuilding the system for responding to sexual 54. The response to sexual violence needs 54. What is the first step to strengthen the system for responding to sexual violence?.. 55. What is the system for responding to sexual violence?.. 55. The system is under Partnership should be a 58. How can the system be rebuilt?.. 59. Parts need to connect to make a healthy system .. 59. There is an urgent need' to strengthen A revised governance framework is a What should be the aims of a revised governance structure?

7 61. There are models for a revised governance 64. What are the key elements of a revised structure?.. 67. A multi-agency protocol should translate law and policy into Protocols set out how to work Victoria Police Code of Practice sets out some 76. There are models of multi-agency 77. We recommend a multi-agency We need accountability for the experiences of victims of The Victims' Charter Act and Commissioner's role should be strengthened ..81. v Victorian Law Reform Commission Improving the Justice System Response to Sexual Offences: Report 5. Working together to respond to sexual 88. Working together should be common practice ..88. Making the connection: people should always be offered Organisations can improve the way they work together .. 92. Multi-disciplinary centres are one way of working 92. Multi-disciplinary centres should not be the only model We recommend charting a path towards improving Responses to sexual violence within family violence can be Family and sexual violence services can improve the way they work Child Protection and criminal justice processes could strengthen the way they work 102.

8 Joint Child Protection and criminal investigations can be at 102. Multi-agency approaches to child sexual abuse are becoming 6. Adding to the evidence base about sexual We need further research about sexual violence and our responses to it ..112. We can improve what we know by building on Understanding sexual violence what are the priorities? ..116. We need to understand the hidden contexts and patterns of sexual Understanding sexual violence and the sex We need more research on people who commit sexual What should we make a priority in understanding our responses to sexual violence?..120. Services responding to sexual We need to improve data collection, sharing and The Sexual Assault Strategy should examine opportunities to improve data collection ..121. We should replace legacy We should improve our understanding of what 122.

9 Our understanding of the criminal justice system must 127. Reforms to data collection in the criminal justice system should be a Access to data and its context should be We should understand why cases do not 133. PART THREE: REPORTING SEXUAL 7. Reporting sexual violence: having information, options and 142. 142. Reporting is the first step in a justice system 142. People need practical information about their 143. Current sources of information are limited and difficult to We recommend a central gateway' to information and support ..145. People should have options to report and disclose Reporting options are Online reporting is one way to expand reporting Online reporting has 153. Confidential online reporting raises some vi We recommend an online pathway to support and People need equal access to reporting no matter where they 8.

10 Reaching all communities who experience sexual 164. Community pathways to support and reporting need to be Community organisations can extend justice and support options to more Some communities do not trust the justice Community organisations can provide the trust and safety people need ..167. The important role of community organisations is already 170. Community organisations need to be a part of the sexual assault 170. An Aboriginal sexual assault service model should be The needs of women and young people in contact with the justice system need to be a The overlap between women's victimisation and incarceration is Women's support needs are still not 176. Children and young people in contact with the justice system need 176. The overlap between victimisation and contact with the justice system must be 178. How can we support all communities to report to police?