Wednesday, 28 August 2024

Sexual offences

Rachel PAYNE (South-Eastern Metropolitan) (17:59): (1087) My adjournment matter is for the Attorney-General.

The Victorian Government should provide funding for people who wish to bring civil proceedings against a non-institutional defendant (or defendants) for sexual assault where:

a. their case raises important systemic or legal issues, or

b. they face multiple barriers to justice and their case has reasonable prospects of success.

This was recommendation 41 of the Victorian Law Reform Commission’s 2021 report Improving the Justice System Response to Sexual Offences. Civil litigation can provide an alternative to criminal justice where someone does not want to report sexual violence to police, where the police or the Director of Public Prosecutions decides not to prosecute or where a criminal trial occurs but the accused is found not guilty. We know that these experiences are common, and when it comes to reporting sexual assaults, survivors are understandably reluctant. They see it in the news and they hear it from their friends: survivors go through hell and back even to get into court, and when they do, they are often judged, ridiculed and left with nothing. With a lower standard of proof, civil litigation means a survivor is more likely to be successful. It can also help a survivor to receive damages, an acknowledgement of the violence and its impacts and a sense of closure. Beyond this it allows us to send a message that sexual violence has serious consequences and that survivors will get the justice they deserve.

Notwithstanding these benefits, civil litigation for sexual assault does have drawbacks. It is not funded by Victoria Legal Aid and can be costly, lengthy and retraumatising. Aboriginal people, people with disabilities and LGBTIQA+ communities are more likely to experience sexual violence and are also more likely to experience barriers to accessing justice. This is why the Victorian Law Reform Commission’s recommendation is so essential, but to date this government has failed to respond to this recommendation. So I ask: will the Attorney-General agree to recommendation 41 of the Victorian Law Reform Commission’s report and ensure access to justice for survivors of sexual assault?