How did sexual assault become so easy to get away with?
Feb 9, 2025
auto_awesome
Lucy Clark, Associate Editor at Guardian Australia, and Benita Kolovos, Victorian State Correspondent, dive deep into the heartbreaking realities of the legal system for sexual assault victims. They discuss the daunting challenges faced by survivors, who often feel like they're on trial themselves. The episode highlights the emotional toll and systemic barriers, particularly for marginalized groups. Reformative approaches are explored, advocating for trauma-informed legal responses to create a more supportive environment for victims seeking justice.
The Australian legal system faces significant challenges, making it difficult for victims of sexual assault to report and seek justice, leading to re-traumatization.
Calls for reform are growing, emphasizing trauma-informed training for court personnel and alternative approaches like restorative justice to better support survivors.
Deep dives
Challenges in Seeking Justice
Many victim survivors of sexual assault face significant obstacles when attempting to seek justice, often leading to re-traumatization. Conversations with two Crown prosecutors revealed a startling reality: they would advise loved ones against pursuing justice through the system due to its complexities and the emotional toll it exacts. This perspective highlights a systemic issue where those tasked with advocating for victims recognize the profound challenges within the legal landscape. The arduous process involves navigating a legal framework that often feels stacked against victims, which contributes to the low rates of reporting and prosecution.
Statistics and Systemic Issues
Data reveals a troubling trend regarding sexual assault cases, underscoring the systemic failures in bringing perpetrators to justice. Statistically, approximately 90% of sexual assaults go unreported, with only a fraction of those who do report seeing charges filed or obtaining a conviction. This disproportionately affects marginalized groups, including First Nations and migrant women, who encounter further barriers in accessing justice. These numbers illustrate a concerning environment where the legal system can be perceived as effectively decriminalizing sexual violence.
Proposed Reforms to the Legal System
In response to the inadequacies of the current legal framework, various reform proposals have emerged to address the treatment of sexual assault victims. Suggestions include trauma-informed training for court personnel and the establishment of victim advocates to support survivors throughout the legal process. There is also a discussion of shifting to a civil approach for handling sexual assault cases, as well as exploring restorative justice methods to bring about healing for all parties involved. The ongoing dialogue highlights a community readiness for change, reflecting the pervasive societal demand for effective justice responses to sexual violence.
Very few victims of sexual assault will report the crime to police and even fewer alleged perpetrators are found guilty. A special series by Guardian Australia now looks at why victim-survivors are instead put on trial and further retraumatised by Australia’s criminal courts. Associate editor Lucy Clark and Victorian state correspondent Benita Kolovos tell Reged Ahmad what needs to be done to save a failing justice system You can support the Guardian at theguardian.com/fullstorysupport
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode