Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence

By The Australian Law Reform Commission

Sexual violence is one of the most common and serious harms confronting Australia today. When it comes to sexual violence and the justice system there are significant challenges. 9 out of 10 women who have experienced sexual violence do not report to the police. Where there is engagement with the justice system, between 75–85% of reports to police do not proceed to charge. Even fewer reports proceed to court. Once in court, many people report experiencing the justice system as re-traumatising.

This report examines a range of issues with the aim of strengthening and harmonising sexual assault and consent laws in Australia and considers ways to promote just outcomes for people who have experienced sexual violence, including minimising retraumatisation.

The report's 64 recommendations seek to ensure that more people who have experienced sexual violence can access the justice system, meaningfully engage with it and reach a just outcome.

Key findings

Under-engagement with the justice system to be the most significant problem with the justice system’s response to sexual violence.

The justice system is failing to meet the twin goals of access to justice and accountability: it is not supporting those who have experienced sexual violence to engage with the justice system, nor holding those who use sexual violence to account.

Key recommendations

The Australian Government, together with state and territory governments, should fund relevant organisations (including sexual violence services, community legal centres, Aboriginal Community Controlled Organisations, Legal Aid Commissions, and participating legal firms) to provide independent legal services, justice system navigators, and safe places to disclose.

The Australian Government should commission a national inquiry to address the impact of factors such as mandatory sentencing provisions, sentencing discount regimes, and consequences following conviction (such as sex offender registration) on sexual offence matters proceeding to trial rather than resolving via guilty pleas, and measures that may promote early resolution.

The National Judicial College of Australia should be funded to manage and staff an ongoing research team and locate a member of the research team in each of the trial courts to coordinate the building of a shared evidence base.

Flinders Lane, VIC: Australian Law Reform Commission 2025. 72p.