Sexual assaults are rarely investigated in the Australian Capital Territory (ACT), due in part to a persistence of rape myths and a lack of understanding of consent amongst police officers, a damning review of policing in the territory has concluded.
The independent report reviewed all 389 reports of sexual violence to police between July 1, 2020 and December 31, 2021, most of which did not proceed to charge.
It found that the reason so few cases proceeded to charge was because there was limited investigation of sexual offences in the first place.
One reason for this was that the number of victim-survivors who withdrew charges was higher in the ACT than elsewhere in Australia – a fact investigators blamed on poor communication with victims and limited access to appropriate support services.
ACT Chief Police Officer Scott Lee said he didn’t believe officers were hostile and changes had been implemented since the review period.
Children and young people also experienced adults withdrawing reports on their behalf.
Swinburne Law School’s Dr Rachael Burgin, who led the report, spoke with 33 sexual assault victims, who she said shared “harrowing experiences” of sexual violence.
“Many of them turned to police because that is what we are told to do â yet, they found no support,” Dr Burgin said.
“Many told me that they did not feel believed by police, that they were still at risk from their abuser and that their report wasn’t taken seriously.
“We found that decision-making was often affected by a belief in rape myths, like that a ‘real’ victim would fight back or resist a rape, or that a person’s sexual history or experience is relevant to consent.”
Many officers also appeared to hold a mistaken understanding of consent and a narrow understanding of what constitutes a domestic violence risk, the review found.
The interview process that sexual assault victims went through was re-traumatising for many of them, and the agencies responsible for responding to sexual violence were struggling to keep up with demand, according to the review.
”Some (victims) found the police kind and approachable, while others said police compassion was ‘lip service’,” Dr Burgin said.
“Worse still, some victim-survivors told me that police had been accusatory, saying they made up a story for revenge. In one case,â¯police towered over a young victim with a body worn camera to tell her that no charges would proceed.”
ACT Chief Police Officer Scott Lee thanked the team for conducting the review.
“We expressed our sincere regret to those civic victims survivors where they were let down by our policing response,” he told ABC Radio Canberra.
“But we’re certainly committed to improvement, we’ve already made significant improvements since the review period.”
Lee said they’d already included in their training how officers looked at evidence or indicators of sexual assault.
He said there were improvements around their processes, including the interview process, and partnerships with agencies that had been made.
Lee said he didn’t believe officers had been hostile towards victim-survivors.
”We actually now have a 24/7 victim-survivor liaison officer on duty,” he said.
About 180 cases will be reinvestigated by police.
