Victim/survivors of sexual assault and the law bibliography

This compendium provides a snapshot of trends and patterns in crime and criminal justice in Australia in 2010. It presents statistics on different types of recorded crime, their place of occurrence, characteristics of victims and offenders, the criminal justice system, sentencing, prisons, community corrections, juvenile detention centres, and government expenditure and resourcing. Selected crime profiles include homicide, assault, sexual assault, robbery, unlawful entry with intent, motor vehicle theft, other theft, fraud and deception-related crime, federal charges, and drug arrests, as well as information on cybercrime. This edition also features the special section: 'Spotlight on child victims - crime and child maltreatment', which includes information on children as victims of crime, relationship to offender, child maltreatment, notifications, protective orders, out of home care, and placement of Indigenous children.

Despite 30 years of significant change to the way the criminal justice system responds to sexual violence, conviction rates have decreased in Australia and abroad. Victim/survivors continue to express dissatisfaction with how the police and courts handle their cases and with their experience of the trial process. Many commentators and researchers recognise that the crux of the problem is cultural beliefs about gender and sexuality, which dilute and undermine the intentions of rape law reform. This paper reflects on the limits of legal reform in improving outcomes for victim/survivors and considers a range of responses to sexual assault - both within and outside the legal system. Rather than one justice pathway for victim/survivors, a menu of options and varied pathways is required. The paper also features an appendix - Inventory of responses to sexual violence - which summarises innovative approaches in the areas of police response and investigation, specialist prosecution units and courts, offender focused responses, legal reform, victim support and advocacy, victim-offender conferencing, and victim participation, voice, validation, and vindication.

This compendium provides a snapshot of trends and patterns in crime and criminal justice in Australia in 2008/09. It presents statistics on different types of recorded crime, their place of occurrence, characteristics of victims and offenders, the criminal justice system, sentencing, prisons, community corrections, juvenile detention centres, and government expenditure and resourcing. Selected crime profiles include homicide, assault, sexual assault, robbery, unlawful entry with intent, motor vehicle theft, other theft, fraud and deception-related crime, federal charges, and drug arrests, as well as information on cybercrime.

This chapter explores the perception amongst clinical staff that the taking of forensic photographs is harmful to the victim of an alleged sexual assault. It presents findings from a survey of forensic and medical clinicians on the taking of general and genital forensic photographs, and issues of consent, perceived benefits, data interpretation, and training.

The authors were originally commissioned to investigate possible reforms to sexual offence trial processes in New Zealand. However, they found that reform of the existing criminal justice system alone was not sufficient to address offending rates or victim needs. This chapter begins by describing legal system reforms and initiatives in New Zealand and overseas, including reforms to the rules of evidence, interviewer training, and specialist prosecutors. The chapter then reviews alternatives to the criminal justice system currently practiced in New Zealand, including restorative justice, marae justice, and te ohaakii a hine.

This chapter aims to support legal practitioners working with women complainants in sexual assault cases. It describes issues for the practitioner in proving the truth of an assertion, explaining demeanour and delay in complaint, judicial warnings, and giving evidence in or out of court - revealing how the evidential process and court procedures favour a male approach to fact finding and can disadvantage many women.

This chapter aims to support legal practitioners working with victims of sexual assault. It highlights the low rates of reporting, prosecution, and conviction; describes problematic areas of law and procedure, such as forensic evidence, judicial warnings, sexual history, counselling records, and vulnerable witness protections; and explains how legal practitioners can address this situation.

"Although homelessness is a serious social problem in the United States, there is little direct information about the actual experiences of violence, past and current, among homeless people. This volume, based on the Florida Four-City Study, brings together interview material from 737 women, including structured quantitative interviews as well as in-depth qualitative interviews. The authors investigate how many homeless women have experienced violence in their lives, either as children or as adults, and then examine factors associated with experiences of violence, the consequences of violence, and types of interactions of homeless people with the justice system. The volume concludes with pragmatic and compassionate policy recommendations."

This series of policy papers examine how legal services and justice can be improved for Aboriginal and Torres Strait Islander women and children who are the victims of family violence or sexual assault. This third paper looks at improving accessibility to legal services in Victoria. Topics include: accessibility and the family law system, barriers and entry points, child protection, intervention orders, victims assistance, serving as witnesses in court, police responses and processes, and restorative justice.

Drawing on the international literature and consultations with Australian practitioners, this Wrap describes how sexual assault workers and counsellors can support victim/survivors through the legal system. As well as serving as victim advocate, sexual assault workers can help support clients through the challenges of reporting to police and preparing statements, subpoenaing counsellor notes or testimony, the plea-bargaining process, and supporting survivors after a not-guilty verdict. Four case studies of best practice in Australia are also included.

In April 2009, the Australian Government declared a 'zero tolerance' position on violence against women and children, and acknowledged that, 'The Laws must be strong enough to hold perpetrators to account and offer justice and safety for victims and their families'. Indeed, there is increasing emphasis on responding to the needs of victim/survivors of sexual assault within Australian criminal justice systems. This has been demonstrated through myriad procedural and substantive law reforms that have been introduced over the past 40 years. Nonetheless, research continues to demonstrate that prosecution and conviction rates for sexual offences are not increasing, and that criminal justice system procedures are distressing and traumatising for victim/survivors. Understanding what victim/survivors see as justice and what they consider to be fair procedures are key to developing procedures to meet their needs. Drawing on the narratives of 22 victim/survivors of sexual assault, this article identifies what justice means to these victim/survivors and discusses four key aspects that relate to their procedural justice needs - information, validation, voice and control. The article considers how these can be applied to system procedures to promote meaningful and worthwhile justice system responses for victim/survivors of sexual assault.

"[This book] provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, [this book] engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes."

This paper introduces new research by the Indigenous Law Centre on the experiences of Indigenous victims of sexual violence in the criminal justice system in Australia. The first phase will examine the way Indigenous female and child victims are dealt with by the courts, through an analysis of court and sentencing decisions. The paper describes the methodology and initial findings of the project, and the next phase of study.

This report presents the findings of an indepedent review into the treatment of rape complaints by public authorities in England and Wales. The review considered how policies and services could be improved so that more victims might report what had happened to them; more cases would end with prosecution and conviction; and victims would receive better treatment. Chapters include: misunderstandings, myths, and reality of rape; the role of the police; taking the case to court; and wider policy challenges.

This chapter uses the metaphor of a boxing match to describe sexual assault trials in Australia. It discusses the impact of trial procedures on victims - including the lack of a right to a fair trial in Australia legislation and the retraumatising effects of criminal justice processes - as well as human rights isssues and law reform.

This compendium summarises research findings on different aspects of sexual assault, as deemed relevant to the U.S. Department of Defense. Sections include: victim risk factors; perpetrator risk factors; alcohol; context and prevention of sexual assault; recovery and coping; sexual assault disclosure; health care programs and services; victim advocacy programs and services; and investigative and legal processes. The research is largely drawn from US literature, though some international reports are included. An introductory chapter discusses the background of sexual assault research, the prevalence of sexual assault, and historical and legal milestones relevant to sexual assault.

This report examines how victims of sexual assault victims experience the crminal justice system in the Australian Capital Territory. It presents findings from two studies, which explored Expectations of the Justice System, needs, reporting to police, legal procedures, court procedures, participation, and views on prosecution and punishment.

"[This book] elaborates on the numerous factors that have contributed to the passage of sexual offending laws in the United States. [The authors] weave together a story of how sex crime laws were created by analyzing the changing roles of religion and the medical community, offering theoretical explanations for sex offending from the unique perspectives of criminology and sexology."

"U.S. Justice Department statistics indicate that only 26 percent of all rapes or attempted rapes are reported to law enforcement officials, and only slightly more than half of these result in the arrest of a suspect. Part of the problem lies in the public's lack of faith in the criminal justice system's ability to effectively deal with rape, victims, and the offenders. [This book] presents several new research findings and forensic techniques which enable agencies to overcome past impediments to successful intervention and prosecution ... The book begins with a focus on the victim and reviews contemporary issues in the field of sexual violence, discusses the impact of sexual assault on the victim, and outlines victim care services. Then, from an investigative perspective, the book examines the relevance of fantasy, impulsive and ritualistic behavior, the personality of the offender, victim and offender interviews, geographic profiling, false allegations, and false confessions. A discussion of forensics and the court includes topics on collection of evidence, medical examinations and treatment, and trial preparation issues. Lastly, the book examines special populations with sections on pedophiles, female and juvenile offenders, drug-facilitated rape, sexual sadism, abuse of the elderly, and the timely topic of educator misconduct."

The survival stories in this book were told to the author by 15 women who were sexually assaulted by the same serial rapist in Auckland. Common themes emerge from the narratives in the women's experiences of the attack, the police processes, the trial, the responses of family and friends, and strategies for surviving and moving on.

The data on which this report is based was collected chiefly through a series of interviews with 21 women victims who had been raped by their intimate partner. The report provides first-hand accounts from these women, who come from widely differing backgrounds and a range of socioeconomic situations. The perpetrators were equally as diverse. The report emphasises that any woman is vulnerable to being raped. It examines the processes which occur after a woman has been raped, including the personal issues and effects as well as ways of seeking help. It outlines the responses from health professionals, the religious sector and the police. The report includes a literature review that covers Australian and international research and wide ranging aspects of rape.

The Community Development and Justice Standing Committee of the Western Australian Legislative Assembly was directed to report on: decisions made in the past five years by the Director of Public Prosecutions (DPP) not to proceed with prosecutions in cases which involve charges in relation to assaults or sexual offences; the adequacy of victim support services for victims of sexual assaults; and, any other matter pertaining to an allegation or case of sexual assault that has been before the Western Australia Police Service or the DPP, and is deemed relevant by the Committee. This final report was tabled in April 2008. It examines the stages in the criminal justice system at which cases can be withdrawn, dismissed or discontinued, and the contributory reasons for not proceeding with prosecution. Victims themselves may choose to withdraw for a number of reasons, some of which have to do with their experience of the judicial processes, and these are explored throughout the report. A number of shortcomings in the systems, procedures and practices within the judicial process are identified. The report explores: the legislative framework for the prosecution of sexual offences; the non-reporting of sexual assault and perceived barriers to reporting; the considerations behind attrition rates in the investigation and prosecution process; the processing of forensic evidence; the special needs of victims; and the significant factors contributing to unsatisfactory outcomes in the justice system.

The sentencing decision in the Aurukun sexual assault case, relating to the gang rape of a 10-year old Aboriginal girl, provoked public outcry and raised questions about how the justice system manages Indigenous sexual assault. This paper provides the background to the Aurukun case and the District Court proceedings and decision, including arguments in which the perpetrators' perspectives took precedence over that of the victim. It explains the grounds for appeal against the suspended sentences that were handed down and the decision of the Court of Appeal. The article questions whether the initial light sentences were an isolated case or whether they represent standard judicial practice in sexual assault cases involving Indigenous women and children. It discusses principles of sentencing involving offenders from disadvantaged background and how these can be balanced against justice for the victims. The analysis of this case is part of a research project examining cases in which Indigenous women and children are victims of sexual assault. The research asks: how victims progress through and exit the justice system; what is good and poor practice; the outcomes for Indigenous victims of sexual assault; and judicial conceptions of Indigenous culture in such cases.

The 'Study of reported rapes in Victoria 2000-2003: summary research report' presents the results of an extensive analysis of police investigations into rape offences in Victoria. The report provides particular insight into those cases that enter the criminal justice system and are filtered out. Overall, the study shows a high attrition rate for rape that might have actually increased, with offenders charged in only 15 per cent of cases. In particular, Aboriginal victims, victims with a mental illness or psychiatric disability, and those influenced by alcohol or other drugs around the time of the offence were some of the groups of people least likely to see charges laid. This article discusses the background of the study, its aims and methods, and then provides an abridged summary of the main findings in relation to the outcomes of cases, the relationship between case characteristics and case outcomes, and cases involving diverse groups.

The Sexual Assault Forum was held in Melbourne on 18 June 2007. Five keynote speakers provided perspectives on sexual assault and the law. Vivian Waller presented some of the current issues involved with instigating civil litigations for victims/survivors of sexual assault; Caroline Taylor addressed the ways in which legal principles undermine the successful prosecution of sexual offences in the criminal courts, despite reforms to legislation and procedure; Trish Luker presented key aspects of the Victorian Law Reform Commission's research process and the recommendations made in the 'Sexual offences: final report'; Janice Watt provided an overview of the progress of the sexual assault reform package in Victoria, which is the Government's response to the recommendations made by the Victorian Law Reform Commission; and Zoe Morrison brought the presentations together in the two broad themes of change and truth-telling.