Separate to the 2018 analysis, the report included raw data that found, over the four years to 2022, the number of reported sexual assault incidents skyrocketed from 5945 to 9138. However, police prosecutions for sexual crimes were generally stable over that period at about 1000 each year.
“Over the past decade there has been heightened public concern over the low conviction rate for sexual assault,” the report found.
“The low conviction rate … shows no sign of abating and may have become slightly worse in the past decade as sexual assault reports have dramatically increased.”
Figures show a monumental systemic failure: experts
Experts say the criminal justice system is failing sexual assault survivors.
Chief executive officer of the Women’s Legal Service NSW, Katrina Ironside, was not surprised by the BOSCAR findings.
“We know that people who are assaulted – and that usually means women – don’t report,” she said.
“And if they do, it may not be handled in a way that makes them feel like they’re safe or empowered. Indeed, the statistics tell us that it’s getting worse.”
While there had been a recent increase in awareness of sexual assault, Ironside said that had not led to a trauma-informed legal system that supports survivors and it “treats them as a criminal or a witness in their own matter”.
“Victim-survivors are still blamed for provoking perpetrators,” she said.
“You know the narrative – she was walking alone at night, she was wearing a short skirt, she had too much to drink. They continue to be made the villain.”
While many women didn’t want to come forward after seeing negative outcomes for those who do, Ironside said it was important they were not dissuaded from seeking support.
“We say, get legal advice, get counselling, support, and make informed decisions,” she said. “There are services out there.”
Samantha’s feelings about reporting her rape to police echoed Ironside’s concerns.
“I have heard from other people who’ve had similar experiences and they’ve tried to go to police and gotten nowhere,” she said.
“I knew it would be my word against his. I didn’t want to relive the trauma over and over again when I know it’s so hard to actually see these men punished.”
Chrystina Stanford is the chief executive officer of the Canberra Rape Crisis Centre, who previously worked in sexual assault services in NSW.
She said the reporting process for anyone affected by sexual violence was “brutal”, and the prospect of a court case lasting years did not help.
“Added to this is the ‘belief-disbelief’ dynamic inherent in sexual violence reports, which we see play out very publicly in the news and on social media,” she said.
Referring to the bleak reality that this situation is far from new, Stanford said, “five years ago we reported on this colossal system failure”.
“We owe survivors so much better.”
Police point to ‘significant changes’ to sexual assault investigations
A spokesperson for NSW Police said, since 2018, there had been significant improvements to the way sexual assaults were reported and investigated, including reviewing all practices and procedures.
They said that, in 2022, the force amended a compulsory course for any officer wishing to become a detective to ensure that it was trauma-informed and taught a victim-centric response. A dedicated Sexual Violence Portfolio Holder (SVPH) has been assigned to each police area command or district to oversee its sexual violence matters.
In 2023, the force introduced a process that ensures any sexual matter reported to police that does not proceed to charge was assessed by an experienced committee.
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The Australian Law Reform is reviewing the justice response to sexual violence across the country, with a report due in 2025.
A spokesperson for the Office of the Director of Public Prosecutions said acceptance of the complainant’s evidence beyond a reasonable doubt was essential to a conviction, because sexual offending often took place in private with no other witnesses or corroborative evidence.
“In the ordinary course of a sexual assault trial, the Crown must prove beyond a reasonable doubt that the complainant did not consent, and either that the accused knew they did not or was reckless as to whether they were consenting, or did not reasonably believe that the complainant was consenting,” they said.
“Jurors must therefore consider the state of mind of both the complainant and the accused at the time of the alleged assault.”
Charges may be withdrawn if there is a change in the evidence, or if a complainant no longer wishes to give evidence for reasons including stress and anxiety resulting from the legal process and a desire to avoid retraumatisation.
The spokesperson said that, while the decision to proceed with a sexual assault prosecution rested with the ODPP, significant weight was given to the views of the complainant.
In June 2022, new judicial directions were introduced for NSW jurors in an effort to “address common misconceptions about consent”.
They include not assuming a person consented to a sexual activity because of their clothing or appearance, they consumed alcohol or drugs, or they were in a particular location.
Another direction told jurors some survivors, when giving evidence, might show obvious signs of emotion or distress, but others may not.
*Samantha is a pseudonym
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