Allegations and case outcomes

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Attitudes regarding the perceived culpability of adolescent and adult victims of sexual assault 2011

Data from New South Wales indicated that 74% of alleged offenders in sex offence cases against an adult that proceed to trial in the Higher Courts, are acquitted of all charges (Fitzgerald, 2006). For sex offences alleged against a child, the acquittal rate is slightly lower at 61%. In comparison, the acquittal rate across all offences is 30%. Wundersitz (2003) found similar results with regards to sex offences against children in South Australia.

It has been estimated that less than 30% of sexual assaults are ever reported (Taylor, 2007). The perception of being blamed for their abuse has served as a barrier to victims accessing formal support systems (Ahrens, 2006; Lievore, 2005a; Ullman & Filipas, 2001)

Download: Attitudes regarding the perceived culpability of adolescent and adult victims of sexual assault 2011

Source: Australian Centre for the Study of Sexual Assault (ACSSA)

Measuring sexual offender recidivism 2010

• 1 in 6 women who experience a sexual assault report to police;
• two-thirds of reported cases are actually recorded by police (calculation based on Gelb, 2007); and
• for incidents of sexual assault that were recorded, the offender(s) were proceeded against for approximately 1 in 4 victims (measured at 6 months after the report was made; ABS, 2004).

Download: Measuring sexual offender recidivism 2010

Source: Australian Centre for the Study of Sexual Assault (ACSSA)

Rape mythology and the criminal justice system - A pilot study of sexual assault sentencing in Victoria 2009

Sexual offences are regarded in the VSM as "among the most serious non-fatal offences in the Victorian statute book and this is reflected in high maximum penalties, now generally 25 years imprisonment" Victorian Sentencing Manual (VSM) (VSM, s26.3.1). A statistical analysis by the Sentencing Advisory Council(2009) found that of the 244 charges of rape heard by higher courts in Victoria, 92.2% resulted in imprisonment. Incest and sexual penetration of child under 10 similarly had high rates of imprisonment (over 90%). Of the 475 charges heard for sexual penetration of child between 10 and 16, just over half (51.8%) resulted in imprisonment. Sentences for sexual offences are on average significantly lower than the upper level of the penalty. Concentrating on the charge of rape, the average sentence was 4.7 years, with a total effective sentence (i.e., for a case of rape where more than one charge of rape is heard) was 7.6 years. Over a 5-year period, the mean length of imprisonment for an offender was 5 years (meaning that half the terms were under five and half were between five and 25 years) (Sentencing Advisory Council, 2007a). For armed robbery (also a Level 2 offence) the median imprisonment term was 2 years and 9 months and the average sentence imposed was 3 years and 9 months (Sentencing Advisory Council 2007b).

Although sentences for sexual offences appear longer than other similarly classified offences, it must be kept in mind that a vigorous attrition process means that only the most robust and serious offences make it to the court stage in the first place. In addition, sexual offenders are more likely to be found not guilty than other offenders. Aggregate data shows that 76.1% of sexual offenders were found guilty in the most recent available data - significantly lower than the 92.1% of defendants in total found guilty of offences finalised in Higher Courts in Australia in that period (Australian Bureau of Statistics, 2009).

When the total effective sentences of imprisonment for all offences, both sexual and non-sexual, were examined (refer to Table 2), the average non-parole period for strangers was 8.3 years, compared to 3.1 years for offenders known to the victim.

The longer average sentence for strangers may be a result of the greater number of convicted charges for strangers. Stranger rapists and those acquainted with the victim were more likely to be sentenced for more than one count of the sexual offence for which they were charged, with the average number of counts per person being 2.5. This compares to an average of 1.2 counts for each offender in the categories of family and partner/ex-partner.

Mitigating variables mentioned in all cases were similar for each category of defendants. These were primarily: that the defendant pleaded guilty; demonstration of remorse; no prior convictions; previous good character; and reasonable prospects for rehabilitation. However, the mitigating factors applied in the family cases appear to be given greater weight that those in any other category, cancelling the effect of any aggravating variable and resulting in lower sentences. It should be reiterated however, that no analyses of statistical significance were conducted, and consequently, interpretations of this data should be viewed as suggestive only.

Download: Rape mythology and the criminal justice system - A pilot study of sexual assault sentencing in Victoria 2009

Source: Australian Centre for the Study of Sexual Assault (ACSSA)

Judging rape: Public attitudes and sentencing 2007

Within the media there has been widespread criticism directed at judges for handing down sentences regarded as too lenient and for their apparent failure to take sexual assault seriously. For example, in early 2006, Victoria's Herald Sun reported findings that 91% of survey respondents thought that criminals are let off lightly and 92% believed that judges did not represent the community in their decisions (cited in Freiberg, 2006).

Download: Judging rape: Public attitudes and sentencing 2007

Source: Australian Centre for the Study of Sexual Assault (ACSSA)

Sexual pressure and young people's negotiation of consent 2007

Despite over 20 years of legislative reform in Australia and internationally, society - and indeed the law - still has trouble identifying sexual violence (Gold & Villari, 2000). This is reflected in the low reporting, prosecution and conviction rates for sexual assault across all Australian states and territories (Heath, 2005; Lievore, 2003, 2004). Data compiled by the Victorian Law Reform Commission indicates that in Victoria in the years 1997-1998 and 1998-1999, of those rapes that were reported to police less than one in six proceeded to prosecution (VLRC, 2004, p. 80). Furthermore, of those rape cases that did proceed to prosecution, 76 per cent did not result in a conviction for rape (VLRC, 2004, p. 80). This process of attrition for cases of rape and sexual assault is well documented in the national and international literature and has been described as a virtual decriminalisation of sexual violence (Lees, 1996, p. 99), a suggestion that is "all the more disturbing when we remember that at least 85 per cent of sexual offences are never reported to police" (Heath, 2005, p. 5).

Download: Sexual pressure and young people's negotiation of consent 2007

Source: Australian Centre for the Study of Sexual Assault (ACSSA)

Study of Reported Rapes in Victoria 2000-2003

Criminal Investigation Unit (CIU) members' views about the allegations and case outcomes:

• In 75% of the cases where charges were laid, CIU members indicated that they were confident the victim was telling the truth.
• In 11.2% they thought the allegations were probably genuine.
• In contrast, in 30% of cases that resulted in NFPA (no further police action), members indicated that they were confident or reasonably confident that the victim was making a false report.
• In 44% of cases that resulted in NFPA, members recorded information about the case in neutral terms without expressing a view about the veracity of the allegations.
• In 27.4% of cases that were subsequently withdrawn, CIU members were more likely to doubt the allegations were genuine
• In 39% of Complaint Withdrawn (CW) cases, members were neutral in expressing their own views as part of the information they recorded.
• In 54.3% of the cases examined, Sexual Offences and Child Abuse Unit (SOCAU) members gave no indication or remained neutral in terms of indicating any view about the veracity of the allegations.
• In 63% of cases where police intended to charge, the SOCAU member was confident, or reasonably confident, that the victim was telling the truth.

Reasons that cases did not proceed

• Police views and attitudes towards the victim;
• Victims feeling unable to proceed themselves; and
• The impact of the process itself on discouraging victims from participating any further in the investigation.

"False complaints"

False complaints represented just over 2% of the 850 records considered across the entire sample. There were at least another 70 cases where members of the police force suspected or were sure that the allegations were false, however the outcome of the investigation was classified in different terms, such as 'no offence detected' or as a case for NFPA.

Cases classified as false reports are distinguished by the degree of certainty with which members of the police force expressed that the allegations were false and an increased likelihood that the victims in these cases could, or in fact were, charged with making a false report.

The characteristics of these cases are:

• all 17 of the victims in this category were women, aged between 15 and 45;
• seven of the 17 victims were recorded as having a disability, primarily mental health or psychiatric issues;
• of the 17 victims, 11 were previously known to police, mainly because they had made previous allegations of rape and non-rape offences or had prior convictions. One woman was known due to having taken out an intervention order related to the alleged offender himself (a former partner);
• the main relationship categories were strangers, current or former partner, friends, acquaintances or men whom victims had met on the night; and
• the majority of victims reported the rape within 24 hours and most referred to a single incident;

Acronyms

CUI - Criminal Investigation Unit (detectives)
CW - Complaint withdrawn: where the victim indicates that he or she does not wish for the investigation to proceed, or following the initial report, would prefer that there is no further action taken.
SOCA Sexual Offences and Child Abuse
NFPA - No Further Police Action: where police decide to take no further action on a complaint.

Download: Study of Reported Rapes in Victoria 2000-2003 ( 448 Kb )

Source: Statewide Steering Committee to Reduce Sexual Assault

Child Abuse and the Family Court 1998

• Child abuse allegations made in the Family Court were no more frequently false than abuse allegations made in other circumstances, with false allegation being found to be 9%.

Download: Child Abuse and the Family Court 1998 ( 66 Kb )

Source: Australian Institute of Criminology

Note:

The Law and Sexual Offences Against Adults in Australia

The prosecution bears the burden of proving beyond reasonable doubt that the victim complainant was not consenting to sexual intercourse. In practice, this means that the legal starting point assumes that the victim complainant was consenting, which the prosecution needs to disprove in order to achieve a conviction. This has resulted in "unwarranted reliance on stereotyped views of what might amount to consensual sexual behaviour" which has tended to position real rape victims as those who fight back, who vigorously defend themselves, who are virginal or who are assaulted by strangers.

Download: The Law and Sexual Offences Against Adults in Australia ( 839 Kb )

Source: Australian Centre for the Study of Sexual Assault

Related reports

To Report or Not to Report: A Study of Victim/Survivors of Sexual Assault and Their Experiences of Making an Initial Report to the Police Gilmore, K. & Pittman, L., CASA House, Melbourne, 1993

What Lies Behind the Hidden Figure of Sexual Assault? Issues of Prevalence and Disclosure, Australian Centre for the Study of Sexual Assault, 2003

Download: What Lies Behind the Hidden Figure of Sexual Assault? Issues of Prevalence and Disclosure 2003 ( 232 Kb )

Source: Australian Centre for the Study of Sexual Assault

Sexual Offences: Law and Procedure, Discussion Paper. Victorian Law Reform Commission, Melbourne, 2001

An Obstacle to Reform: 'False' Complaints of Rape. Warner, Kate, Legal Service Bulletin 6 (3) Jun 1981: 137-139

This is not an exhaustive list of research in the area of family violence and sexual assault, merely a starting point. As the locations of web pages often change, many of these reports have been made available through this page to assist readers. Please note that these pdfs may not contain the latest version or any recent changes so it is recommended that researchers check the author's website for updates, suplements or amendments. All published details correct as at Sept 2011.

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