Wednesday, 6 April 2022

Motions

Sexual offence reporting

Debate resumed.

Ms BURNETT-WAKE (Eastern Victoria) (12:44): As I was saying before the break, 80 per cent of women do not contact police after being sexually assaulted, and many are worried that their experience will not be taken seriously or that they will be labelled a liar. They worry that they will face repercussions, and they worry that the justice system will not hold the perpetrator to account. There are many things that go through the minds of victims of sexual assault. If we had an easily accessible online reporting system, victims might feel more comfortable reporting what has happened to them. An alternative reporting option would allow victims to pull out their phones or laptops and make a complaint without the trauma of going to the police station to make a formal report.

As it stands Victoria is the only jurisdiction in the country without a structured formal reporting option for incidents of sexual assault. New South Wales has SARO, which is the sexual assault reporting option. This was a joint initiative of the New South Wales police and sexual consent advocate Chanel Contos. The New South Wales system is a webpage that encourages victim-survivors to make a formal report but also gives other options. It allows them to complete a sexual assault questionnaire where they can easily handwrite or type their answers and mail or email it to the child abuse and sex crime squad at state crime command. They can choose to provide their details or report anonymously. Victim-survivors are reminded that this second option is not a formal complaint to police to initiate a criminal investigation; instead the information is gathered and may be used to help police develop strategies to target offenders, protect the community and reduce repeat offending. It may also be useful in prosecutions.

The details provided in the questionnaire are recorded on a secure and restricted New South Wales police database, and completed questionnaires are kept securely at the office of the child abuse and sex crime squad. The instructions are empathetic and are drafted in a way that lets those who access the website feel empowered. The wording acknowledges the difficulty in completing the report and the need to recall detail and recommends speaking to a counsellor or a trusted person for helpful strategies if the process becomes traumatic. If nothing comes of it, at the very least there is a record of what happened. It can be used for future investigations. The SARO initiative aims to empower victim-survivors to establish a record of what occurred, act as a therapeutic tool and increase police intelligence to better inform crime prevention strategies. It also allows more data to be collected on perpetrators committing these crimes, shows any patterns and highlights recidivist offenders.

It is not uncommon for victim-survivors to wait an extended period of time before reporting sexual assault. This is sadly often used against them in court. Defence counsel commonly ask, ‘If this really happened, why did you wait so long to report it?’. If we had an easily accessible reporting system, one that did not involve going to a police station, people would have the opportunity to report details early. These early reports could be used as an effective piece of evidence in the future, no matter how many years passed before the victim-survivor was comfortable taking action.

Victoria of course did have a version of SARO. It was known as SARA, which stood for sexual assault report anonymously. It was set up after the devastating murder of a Victorian woman in 2012 after it came to light that other women had complained about the perpetrator via social media but no formal complaints had been made. This system was a great start, but it was unfortunately scrapped in 2020 due to insufficient funding at the hands of the Andrews Labor government. It is unfortunate that the system went to waste, particularly given that it is having an impact in New South Wales.

Informal reporting of sexual assault in New South Wales has risen 43 per cent since Operation Vest was launched in mid-March last year. Operation Vest was an introduction to SARO that aimed to empower people to speak up and make use of the platform. Since February last year sexual assault reporting in general has gone up by 54 per cent. There are some great lessons to learn from other models. The campaigning and the messaging around the reporting platform when it is introduced is key. We want to empower victim-survivors to make use of the platform and feel comfortable reporting their experiences. The New South Wales model is undergoing improvements, including modernising the system. I understand this is not a model system or best practice, and we should definitely not be looking to replicate it entirely; however, we need to look at other systems in place to learn from them and take the best practice elements.

There is no doubt this reporting system is wanted, but exactly how we go about creating the best system possible for the community to use is something we need to flesh out properly. There are so many questions. Who will be responsible for the site or application? How will it be resourced? What will the process be when a complaint is received? Can these documents be subpoenaed or used in court, and will this limit victim-survivors’ use of the system? What is the process for police and following up these reports if the victim does not wish to take any action or is fearful? What about vexatious complaints? There are so many questions, but I am confident we can work together to come to a conclusion around how we can implement a system that would empower more people to come forward in a way they are comfortable with. The best way to flesh out these issues is to consult through an Engage Victoria consultation and round table where stakeholders can provide information that can be used to develop the evidence-based alternative reporting option that Victorians deserve. I commend this motion.

Mr GEPP (Northern Victoria) (12:50): I rise to speak on Mr Grimley’s motion. Can I say from the outset that I thank Mr Grimley, Ms Maxwell, Ms Patten and others who constantly bring these things to the chamber, quite properly, so that we can have ongoing meaningful dialogue in such an important area of public policy, and I commend everybody who commits themselves to advancing these matters.

The Victorian Law Reform Commission has delivered, as has been noted by others, the Improving the Justice System Responses to Sexual Offences report. Amongst the many impressive findings and recommendations, the VLRC identified online reporting as an important option for addressing high levels of under-reporting of sexual offences, giving people more choice in how they report a sexual offence. The more choice that we provide, the better. We know that the under-reporting of sexual assault is prevalent. I think the very vast majority of sexual assaults go unreported or under-reported. Mr Grimley quoted a number—I think 87 per cent or in that space—in terms of under-reporting. So the more options that we provide for victims of sexual assault to report crimes against them, the better. The government is carefully considering all of the recommendations that were made by the VLRC in that report, some 91 recommendations. We remain committed to improving the experiences of sexual offence victims and survivors throughout the justice system.

Work is underway to improve the system, and we are committed, as I said, to doing so. We have already committed to some major reforms that will make it clear that there is no place for sexual violence in Victoria—and there is no place for it. There can never be any place for sexual violence. We have delivered some $5.2 million in a funding boost to specialist sexual assault services to address what was an expected spike in referrals for services following the release of the VLRC report. I think that is the point that I was making at the top of my contribution: the importance of Mr Grimley and others continuing to shine a light on this very important area of public policy. What it does do is it does empower victims of these sorts of crimes to be able to come forward and the system to recognise those victim-survivors and provide the necessary support. The funding that we have provided through that $5.2 million funding boost allows the hiring of extra staff to provide specialist support sessions to hundreds more victim-survivors.

We have also announced we are adopting a new affirmative model of consent in Victoria in line with the VLRC’s recommendations, and work to develop this model is well underway. What we hope is that these changes, and this change in particular, will send a clear message that a person has a responsibility to say or do something to obtain consent prior to engaging in sexual activity with another person. It is most important that there is clarity at all times—that there is consent in those circumstances. There can never be grey area; there can never be any doubt. We must always ensure that there is clarity around that model of consent. Importantly it will also help, we say, to shift the focus away from the actions of the victim-survivor to those of the accused.

We will also amend laws explicitly criminalising stealthing, the removal of a condom or other protection during sex without the other person’s knowledge or consent. This change makes it clear that this act is a violation of consent and is against the law. The VLRC made it especially clear that to address sexual violence, abuse and harm, piecemeal reform is not enough and delivering meaningful change requires reforms spanning primary prevention and community education initiatives, support for victim-survivors, perpetrator interventions through to criminal investigations and justice responses. The government remains committed to achieving these aims and is continuing to consult and develop the reforms to prevent and address sexual violence, abuse and harm that will capture the government’s broad response to the VLRC’s recommendations. We continue to engage with stakeholders on those reforms, particularly the ones proposed by the VLRC, including the critical reform for online reporting that I know is contained in Mr Grimley’s motion, and we look forward to providing a report on those consultations as time goes on. The development of an online reporting mechanism will be an important part of our work to improve responses to and outcomes for victim-survivors.

Others have talked about specific concerns with Mr Grimley’s motion, and specifically what the government would say is that if we were to act strictly in accordance with the motion that Mr Grimley has brought to the chamber it could well derail some of the work that is already underway. We know that the VLRC’s report is comprehensive and priorities within that report need to be carefully balanced. As I said a few moments ago, there are some 91 recommendations, and it is important that we carefully work through those to ensure that the most urgent areas of reform that are required are the ones that are enacted as quickly as we can possibly do so. Those things take time. They take work, but work is underway, and we will continue with those processes. Just as an example, the new alternative reporting mechanism that has been talked about cannot be rushed. It must consider both operational logistics and complexities as well as legal complexities. We are engaging very closely with stakeholders on those reforms proposed by the VLRC, including this critical reform for online reporting.

The call to begin an Engage Victoria consultation we say is unnecessary and could be problematic in repeating consultations that are already underway or have occurred and delaying any work on the reporting alternative as well as other reforms. We also respectfully say that the time frame that Mr Grimley proposes is also problematic in light of those existing processes and the design complexity that I talked about.

In the minute or so that I have left just prior to the lunch break can I just say that it is important that we acknowledge in this place that sexual violence is heavily under-reported. We know that. Probably only one in 10 incidents are ever reported, for a variety of reasons which I will not do the deep dive into. There are others far more qualified than I to speak on those matters. The under-reporting was very much acknowledged and highlighted by the VLRC, and they reminded us that even though sexual violence is widespread it is one of if not the most under-reported crimes in society. As I indicated earlier, I think Mr Grimley has mentioned a figure that in the order of 87 per cent of people who experience sexual violence do not report it to the police and only about half, if that, even seek support from anyone at all, including a friend or a family member. So we understand that reaching out to a support service and providing the options for victims of these heinous crimes is important. There is much more to be said. I know there are many speakers still to follow. With those remarks I will leave my contribution there.

Sitting suspended 1.00 pm until 2.03 pm.

Ms PATTEN (Northern Metropolitan) (14:03): I am very pleased to rise to speak to Mr Grimley’s motion today. You know, it is frightening: 87 per cent of people who are sexually assaulted do not report that assault to the police, so something is terribly wrong about that process. I know this government is introducing some legislation around victims of crime compensation, but what we need to do is change some of the structure and some of the systems in place to make it easier for people to report those crimes. I think also fundamentally we need to be working further and further to prevent those crimes from occurring, and that requires really ground-up cultural change. We saw that in the Royal Commission into Family Violence, that often this is as basic as being around equality—around equality and a whole range of other issues that lead to violence against women. It is not only women who experience sexual violence, but it is mainly them.

As the motion states, the Victorian Law Reform Commission (VLRC) recently looked into sexual violence and reported late last year. It was a very expansive report and it made numerous recommendations, but principally it made it clear that the system needs to change so that when the system is in place it is straightforward and it is not traumatic for people who experience sexual violence. This we heard throughout our most recent inquiry into the criminal justice system—that the processes are not trauma informed and that the processes in our justice system can quite often further traumatise someone. Survivors of violence want to see the criminal justice system hold people responsible. The people who are responsible for that sexual violence must be held to account. But how they are held to account varies, so there have been lots of discussions even around restorative justice in this area. I know when we were doing Mr Grimley’s inquiry into the management of child sex offender information a number of the victim-survivor organisations said, ‘We just don’t want the perpetrator to do it again; we just don’t want it to happen again’.

Now, we need to look at why people do not report to the police. As I said, 87 per cent do not report to the police. People do not think that they will be believed, or they do not want to go through that criminal trial—and I totally understand that. We heard from people talking about their experiences in the court system, their experiences of having to come face to face with a perpetrator or, when they wrote victim impact statements, the fact that their perpetrator could actually amend those statements and could question what they were saying in their victim impact statements. There are lots of areas where we can reform this. I know the VLRC has made a significant number of recommendations, as did the Legal and Social Issues Committee’s inquiry into Victoria’s criminal justice system. We certainly looked at better ways to provide trauma-informed systems and to provide systems where victims can be heard and can feel like they have been heard.

I think we heard this time and time again—that the victim sometimes felt like a bystander in the case—and that is sort of how our system works. Quite often it is the public prosecutor that takes on prosecuting the case, and the victim becomes almost just a witness in their own experience of violence. I think we need to change this. We need to embed trauma-informed practices into the design of our justice system, and it needs to be more accessible, which means making it easier for people to come forward. And for many people it actually has to be less adversarial, because quite often it is that adversary that is absolutely frightening. It is a reason why people do not want to go through with the process—because the process is frightening. It feels like they are having to set themselves up for a battle.

I share Mr Grimley’s concerns that we should have been working on this for decades. We have been tinkering around the edges, but we have not got there. And as I said right at the outset, change has to happen within the community. We have to understand that we do not accept any form of violence, but as I have also said, the system needs to change. The VLRC has made some really broad recommendations, but we need to understand sexual violence. We need to understand what it is and how it permeates some of our culture, and we need to support the people who experience it.

People still do not want to talk about it. We have seen Grace Tame and we have seen some other really brave women starting to stand up and talk about the sexual violence that they have experienced in different areas. But it is still difficult, and I would suggest that probably the majority of women who have experienced sexual violence have not stood up publicly and talked about it. Many of them may not have told a single soul about it or maybe told just their closest friend or their family. We need to find the tools and we need to find the ways to enable people to talk about sexual violence and to be able to report it. There are many barriers, and I think the VLRC report goes into this.

We also need to talk about public education. Stopping sexual violence should be everyone’s business. Organisations like clubs and schools and employers should have stronger obligations to do what they can to eliminate sexual violence and harassment. I would like to do a shout-out to the Fitzroy Football Club. They have been doing some extraordinary work around addressing sexual violence. They have been working with their men’s teams and their women’s teams. They have been bringing professionals in there to have some really hard conversations with club members, and from all accounts it has been incredibly positive for not only the women in that club but also the men.

But the system for responding to sexual violence is under strain. We have heard that victim support services, police and lawyers are all overworked and under-resourced, so getting assistance and finding an intermediary to help you in the court system quite often is not possible because they just do not exist, particularly if you are in regional areas. So we need to create a system that is straightforward and effective. I can see that the government is doing this, but there is a lot more to be done. The VLRC has said this needs to be across government; it cannot just be the justice department. We need to look at the health department, we need to look at education and we need to look at policing. It needs to be across the board. It is a big task, but I would implore the government to prioritise this for victims of sexual violence and all Victorian women.

Ms BATH (Eastern Victoria) (14:12): I am very pleased to rise this afternoon to speak on Mr Grimley’s motion 752 on the notice paper. It is an area that I have to say I am certainly not an expert in, and maybe that is a good thing. But as members of Parliament we have exposure to people, we have exposure to victim-survivors, who come into our offices and write emails and seek assistance for whatever their particular issue or pathway is. In coming into this role I have certainly had an education in the world of sexual assault that occurs right across our state and also in the integrity, the guts, the determination, the will, the fragility and the scars of people who have had this perpetrated against them—predominantly women but it can be across the board—and how their lives have been changed and altered and damaged and then, I hope, healed by coming forward and telling their story and, if they can, taking it through to holding perpetrators to account. I know I can say that in Hansard, but the reality is it is a very difficult road and a very exhausting road for people on that journey.

One of my first experiences in coming into this role was with the then Shadow Minister for Police, Mr Ed O’Donohue. We went to the Morwell police station and in particular the sexual offences and child abuse investigation team, SOCIT, and had a conversation with them about the work they do. The level of integrity that they have, to go into those dark places where they need to go, is to be commended and respected—how they investigate and bring people to justice but also deal with the victims of that.

My experience extends to a very, very credible and tremendous professional group called the Gippsland Centre against Sexual Assault, GCASA. I know that there are centres against sexual assault (CASAs) across the state and the very important work they do, again with huge integrity, and the adaptability that they need to take an individual who is coming in to report a crime, who does come in to access their services and to work out the nuanced approach that is required to triage that particular person and provide them with the services that they need and hopefully support them on that pathway.

The Victorian Law Reform Commission report entitled Improving the Justice System Response to Sexual Offences is a 600-page document, and it contains extensive recommendations to support outcomes for victim-survivors. It is a substantial body of work that I am sure all levels of government need to be addressing, and affiliated advocacy groups, I am sure, have provided significant input into that report. Those very serious recommendations, some 90-odd of them, with subsections really need to be addressed.

But one of the key things that Mr Grimley has come out with is that 87 per cent of people who experience sexual violence do not report it to the police. That is a huge and overwhelming majority, and it is deeply concerning that people do not feel that they can report this for whatever reason, whether it is that they are wanting to explore other processes, that they have a negative response towards reporting to police, that they have fear around it, both internally and with their explanation being dealt with externally, or that they think it is just not serious enough—all of those things. We need to explore and work out the ways that the Victorian government and people can turn around that 87 per cent. What one human being can do to another is just mind blowing, and as I said before, I am very grateful that we have these professionals working in our system.

One of the comments from speaking to GCASA was about the integration of our system. The statewide 24-hour hotline is a very important and accessible service, and I would urge the government, when it comes up to the budget, to continue and give consideration to higher funding of that crisis hotline. Also the collaboration and the ability of those various groups—VicPol, SOCITs, CASAs and advocacy groups—to work together is a really important point, working through the crisis response and the forensic response at a time when the victim, the person coming forward, needs that support.

In relation to the sexual assault reporting option as an alternative mechanism to allow victims to report a range of sexual crimes and receive that support, we know that the South Eastern Centre against Sexual Assault, SECASA, ran an almost decade-long trial. It was receiving reports, approximately 1200 annually, until it was terminated through lack of funding in 2020. This trial provided a really good opportunity for people to have a different access point, have a different platform, and it is worth continuing in a statewide format. To that point, last year The Nationals and the Liberals made our firm commitment that if we are elected on 26 November this year, we will introduce an informal SARO police link platform similar to that in New South Wales.

The reason for that is that we need to turn around that huge figure of non-reporting. We know that the first step to better support and prevention is in relation to really targeting different modes of reporting. We also know that the New South Wales model operates with New South Wales police and with sexual assault and consent advocate Chanel Contos, and that is a really important mechanism again to see how a therapeutic response can be elicited as well. I understand that the New South Wales model is up for review and improvement, and that is very much a workable and responsible mechanism to have. Anything that is trialled and rolled out needs to be fine-tuned and tweaked to be able to provide that better service to individuals.

Really Victoria is the only state that does not have some form of this type of platform. We have said it before: The Nationals and the Liberals will certainly be able to make a commitment to work with VicPol, to work with the CASAs and to work with the advocacy groups. The outcomes Victorians seek are better support for victim-survivors and to hold those perpetrators to account.

Finally, a shout-out to an organisation from my electorate of Eastern Victoria Region, Gippsland Women’s Health, based up in Sale. I know that they have done over time and continue to do some very important work in, for example, our sporting clubs about sexual assault, about mental health, about family violence and really providing some of that background for people who are just working through their normal sporting outlet and enjoying that sport. It is a really good mechanism to target those young people who are enjoying their endeavours and provide a platform for discussion and hopefully thought-provoking encouragement for victims to be able to come through and to call out unacceptable behaviour, and certainly family violence, sexual violence and violence of any form is to be called out. The Nationals will certainly support Mr Grimley’s motion to the house today.

Ms WATT (Northern Metropolitan) (14:22): As I rise to speak on this motion regarding sexual assault reporting options I would like to take a moment to note that the Andrews Labor government has always been committed to delivering essential reforms for victims of crime. It was this government that first created a dedicated portfolio in the Parliament for victim support. It was a significant step in listening to the needs of victim-survivors and then acting on them. It showed that victims of crime were heard and seen by the Parliament and that victims of crime are consistently being heard in the cabinet. It was truly a very welcome step from this government. However, the work does not stop there, and we must always recognise the harm suffered by victims of crime and commit to doing whatever we can to make their experience of the criminal justice system a respectful one.

The Victorian Law Reform Commission last year tabled the report Improving the Justice System Response to Sexual Offences. In this report, amongst its many comprehensive findings and recommendations, the VLRC identified online reporting as an important option for addressing high levels of under-reporting of sexual offences, giving people more choice in how they report a sexual offence. The Victorian government is carefully considering all of the VLRC’s 91 recommendations and remains committed to improving the experiences of victim-survivors throughout the justice system.

Work is already underway to improve justice system responses to victim-survivors of sexual offences. The Victorian government has already committed to major reforms that make it clear that there is no place for sexual violence in our state. We have delivered a $5.2 million funding boost to specialist sexual assault services to address an unexpected spike in referrals for services following the release of the VLRC report late last year. This funding allowed them to hire extra staff and provide specialist support sessions to hundreds more victim-survivors.

Before I go on can I just take a moment to acknowledge and thank the many very talented, skilled workers in this area. I have had the pleasure of meeting workers in specialist sexual assault services, and I thank them for their resilience, their strength and their profound commitment to supporting victim-survivors. It really is an extraordinary person that takes up this work, and I just want to take a moment to thank them for giving many hours of their day and probably creating many sleepless nights to continue their work supporting victims.

Mr Grimley: On a point of order, Deputy President, can Ms Watt just speak up a little bit? I find it really, really hard to hear.

The DEPUTY PRESIDENT: It is not actually a point of order. But, Ms Watt, if you could speak a little bit louder, it would help. It is difficult to hear you.

Ms WATT: All right, thank you for picking that up again. I appreciate it, as you did last time. Maybe I just needed to move my microphone. There you go. Thank you, Hansard team, for your continued magic over in the corner.

In the most recent state budget—here we go, I can hear myself; my goodness—we dedicated a $64 million package for victim support. The vast majority of that package has been allocated to financial assistance and improving support services for victims. We have announced that we are adopting a new affirmative model of consent for Victoria in line with the recommendation from the Victorian Law Reform Commission, and we will work to develop this model. Can I just say that work is indeed underway. This change will send a clear message that a person has responsibility to say or do something to obtain consent prior to engaging in sexual activity with another person. Importantly, it will help to shift the focus away from the actions of the victim-survivor to those of the accused. I could talk about that for quite some time, but I will continue on with my remarks. But I might be compelled to go into just how very important that step is.

We will also amend laws to explicitly criminalise stealthing. I have spoken about that before—the removal of a condom or other protection during sex without the other person’s knowledge or consent. This change makes it clear that this act is a violation of consent and against the law. My colleague in the other place the Minister for Victim Support, Natalie Hutchins, is delivering these key reforms and has recently released the Victorian government’s Victim Support Update. This update outlines the key reforms this government is delivering for victims of crime and exemplifies a Victorian government that is working hard to ensure that victims of crime are heard. We are ensuring they have the scope to tell their stories and participate in the process of reforming the system, which needs to be able to support them.

Continuing on with the VLRC, they recently made it especially clear that to address sexual violence, abuse and harm we need to deliver meaningful and large-scale reform, and the Victorian government remains committed to achieving these reforms. We are continuing to consult on and develop reforms to prevent and address sexual violence, abuse and harm that will capture our response to the recommendations of the Victorian Law Reform Commission. We are engaging closely with stakeholders on these reforms proposed by the VLRC, including this critical reform for online reporting, and we look forward to providing a report on the consultation findings in due time. The development of an online reporting mechanism will be an important part of our work to improve responses to and outcomes for victim-survivors; however, if the government were to act in accordance with this motion this would in fact derail some of the work that is already afoot. The work of the VLRC and the delivery of their report is indeed comprehensive, and the priorities and the planning that need to come from that must be carefully balanced. We cannot rush our response to the recommendations or the implementation of the recommendations, and we are already closely engaging with stakeholders on the VLRC’s report, including, importantly, regarding reforming online reporting.

The VLRC reminded us that even though sexual violence is widespread it is indeed one of the most under-reported crimes not only here in our state but nationally and indeed globally. Sadly around 87 per cent of people who experience sexual violence do not report it to police. That is a really stark number. Only about half even seek support from anyone at all, usually a friend or a family member or somebody in their trusted circle. The reasons why someone might not report sexual violence are complex—feelings of shame and embarrassment and societal stigma, which continues towards sexual violence—and there is for many a lack of trust in the justice system. These are just some of the reasons that have been heard from victim-survivors about why sexual violence has not been reported.

Sometimes people from migrant and refugee backgrounds do not know how to recognise sexual violence, and indeed sexual violence in marriage is still a crime. It does take me back to my time working with community services and some of the growing awareness work that needed to happen with our culturally and linguistically diverse communities around this work. We also know that some groups and communities still face serious barriers to addressing the justice system. For example, people with cognitive and communication disabilities or people who communicate in a language other than English may not have the support they need to make a report, and people living in rural and remote locations may not have access to a police station handy.

The Victorian government is committed to helping all victim-survivors to come forward to seek the support they need to deal with these experiences, to seek justice and to begin to recover. Trust in the justice system remains an issue and is a contributing factor in unreported sexual violence by survivors, and this is particularly the case for First Nations communities and for those communities who have experiences of child removal and racism in the justice system.

Just a quick moment to say that traditionally persecuted communities like the LGBTIQ+ community and sex workers are understandably hesitant to report crimes due to a lack of trust in the system. Also, people living in out-of-home care or other care or custodial services face unique barriers to reporting, including not having access to a trusted person that they can tell. There are of course also barriers commonly experienced by children and young people in residential care, people in mental health inpatient units, women in prison and people in residential aged care.

There are also currently limited options for reporting. Ultimately victim-survivors told the VLRC that it is important to have more choice, and we look forward to continuing to work with victim-survivors right across our state to make life a little easier for them and their loved ones.

Dr CUMMING (Western Metropolitan) (14:33:073:): I rise to speak on the Justice Party’s call for the government to actually commit to implementing an online additional alternative reporting mechanism for sexual assault and to begin engagement, consultation and a round table with stakeholders to develop an evidence-based reporting option for sexual assault.

Just to hear the government say that they are carefully considering this—for me, it should be the top of their priority list. It should have been done above a lot of other priorities that this government has had while the Justice Party has spent the last three years in this house sticking up for victims and especially victims of sexual assaults.

I commend the Justice Party for doing this, because there needs to be an ability online. Especially as we have just gone through the pandemic and there has been an increase in children being abused at home, we need to actually have the recommendations that were laid before this government taken up. They should not be carefully considering them; they should be throwing money towards them.

What we can see, which is in plain sight, is that the majority of people who have undergone sexual assault do not feel comfortable reporting it to police. It is under-reported. For the children that are abused there are no mechanisms to come forward, and we should be creating those mechanisms in the year 2022. There have been trials for this. We are behind the rest of Australia in the way of actually having an online system that people can just get onto and feel comfortable reporting their sexual assault on, but they should be believed.

I am so happy that the Justice Party has put this forward for all victims of crime, especially our children. For me, in this place I have brought up numerous times that there is a massive under-reporting of male sexual assault, men as victims. They do not feel comfortable coming forward. They do not feel like they will be believed when they go to police stations. We need an informal, confidential, anonymous system that is online so that people who have been sexually abused can get on and actually get the counselling help that they need and be able to be referred to services. The government also needs to spend money on getting the right amount of staff for the police and for the Centre Against Sexual Assault and the other sexual assault agencies that are out there in the community so that they are properly resourced.

I commend the motion. I want the government to actually take action rather than using their sneaky little words of ‘carefully considering’ and ‘we’re not quite sure if we have enough time or resources for this’. Government, make this a priority, and do it now.

Mr LIMBRICK (South Eastern Metropolitan) (14:37): I am pleased to speak on Mr Grimley’s motion, which seeks some action on recommendations from the Victorian Law Reform Commission report titled Improving the Justice System Response to Sexual Offences, which was tabled last year. These types of crimes can represent the most serious violation of a person’s body and self. They are crimes that can occur in private and involve a breach of trust from someone known to the victim-survivor and, worse, sometimes in a position of power. As the report notes, sexual violence can be:

… difficult to disclose because of … community attitudes and feelings of shame …

This touches on just one area that creates a barrier to more of these crimes being reported. Mr Grimley’s motion acts on two of these recommendations from the report. It acts on recommendation 19, which states that:

The Victorian Government should resource sexual assault support services to receive and respond to disclosures of sexual violence online and through a central website.

and also recommendation 20, which states that:

Victoria Police, in collaboration with sexual assault support services, should develop an online pathway to reporting sexual offences.

The report also has a whole section on online reporting options. There are multiple benefits to online reporting. For some victims the process itself may provide benefit in having a place to disclose. It may also be a more comfortable pathway to make the first contact with a sexual assault counselling service. Through this interaction people may move towards counselling or even lodging a formal report to police. Also increased data on the occurrence of these crimes can be beneficial in understanding crime trends so that preventative measures can be established or in assisting police with investigating and prosecuting crimes.

However, it is not without risks. Any system needs to be trauma informed and victim focused. If people want to make an anonymous report, it should not be subject to police warrant or subpoena. There is also a risk of disadvantage in the court if an online report does not match the detail in a subsequent police report. These are not reasons that should prevent the establishment of such a system; I simply note that it is very important to get the details right.

A well-designed system that offers potential benefit to people who have suffered from these crimes is worth pursuing. Improving our knowledge of where and when these crimes are occurring may also improve community safety, as will the possibility of prosecuting the perpetrators of these crimes. The Liberal Democrats support this motion.

Ms TAYLOR (Southern Metropolitan) (14:40): I am very pleased to be able to speak on this motion today, and I thank everyone for their contributions. I probably would just like to pick up on a couple of points that have been raised in the chamber. The inference that somehow it is not a priority of the government is erroneous, and I actually take exception to that for all the people who are working in a very concerted way on this matter. If we can just put to bed that particular assertion, because I think it is actually insulting and it may be quite alarming to victim-survivors as well to somehow make an inference for which there is no evidence. If I can just make it clear: it is a clear priority of our government. We take this issue very seriously, and there is nothing sneaky about what we are doing here; I would like to dispel that myth as well. I think we are being very transparent and up-front about the process which is being undertaken to pursue this very, very important issue.

With regard specifically to looking at issues of other states and stakeholder feedback, which I think is pivotal in this discussion, and when we are looking at online reporting mechanisms, which is a key subject that we have been discussing here in this debate, we aim to deliver a model that is accessible and designed with the best interests of victim-survivors in mind. I would suggest that is part of the prioritisation of course. We have listened to calls from the Victorian Law Reform Commission, stakeholders and advocates such as Chanel Contos to explore models that have been implemented in other jurisdictions, including the sexual assault reporting option in New South Wales and the alternative reporting option in Queensland. I note there has been some discussion on those matters here today, but I would like to make some further points with regard to that.

It is very easy to make emphatic statements but when we are looking at such a difficult and delicate issue, particularly for victim-survivors principally, then you can appreciate why the process is being undertaken in such a careful manner. It is imperative that any additional reporting mechanisms are informed by the needs of affected Victorians; I would like to think there is not any discord or disagreement on that particular issue. We have heard how online platforms can offer positive interventions for sexual violence, so I think there is some unison on that point as well. But can I put this qualifier: the VLRC also heard that models used in other jurisdictions could be improved to better support victim-survivors to access information and support services while engaging in the police reporting process. So you can see already that the government is actually being extremely prudent and is examining very carefully the best possible mechanism for Victoria, rather than saying, ‘Oh, well, New South Wales is doing it; we must therefore do what they are doing’. I am not saying we should not do what they are doing, but we must make sure that we optimise the solution that we have here for Victoria.

The VLRC found that there are important things to consider before a model like the one operating in New South Wales could be implemented in Victoria. I am very carefully making that point because I think there was a little bit of a rushed inference, perhaps, by some that, ‘Oh, well, we simply pivot to that, and it’s all solved’. I put it to the chamber that we should be very prudent and understand that we are making a concerted effort to get the best possible outcome for those impacted and for those who we want to benefit from the model that is put in place. That is why we will work closely with victim-survivors, specialist legal and sexual assault services and Victoria Police to ensure that the model developed in Victoria is clear, effective and safe, and I am pretty confident that the chamber would be united insofar as wanting a clear, effective and safe model to be put in place for Victoria.

I think much has been said today—and certainly there is no disagreement here—that having trust in the justice system does remain an issue.

A member interjected.

Ms TAYLOR: Absolutely. In particular that is the case for Aboriginal communities, who have experienced colonisation, child removal and racism from the justice system, so it is very evident why there would be trust issues there, and I think we would all have great compassion and understanding for that, or I would like to think we would; communities that have been criminalised in the past—and I notice that Ms Watt referred to this—the LGBTQI+ communities; communities that face criminalisation now, such as people who work in the sex industry or women in contact with the justice system; and people who have been removed from their families by police or other authorities.

I think it is fairly safe to say that it is a very, very personal space, and I am not saying anything that would not be obvious to everyone in the chamber, but noting the very personal and the very delicate nature of the kinds of criminal matters that we are talking about, it is understandable of itself why there would be some hesitancy to proceed to report these matters. I proffer that it is also difficult even to tell those who you are close to, because it is so personal. I think telling anyone, rather than holding on to sometimes these dreadful and very traumatic experiences, takes a huge amount of energy and certainly a lot of courage. I am hesitant about even using that word, because it is very revealing for that person. It is exposing them; it is a very vulnerable point. So I think that human nature itself would explain why there are apparent barriers in addition to those that we have already enunciated with regard to communities who have been through some extraordinarily negative experiences—through colonisation and the like, as I referred to—over many, many years. Having said that, it is all the more reason to get this right and all the more reason to get an optimised outcome for those who are most at risk and who have been impacted by extraordinary and traumatic events.

I do want to refer to another issue with regard to Engage Victoria and the motion. I just want to address that issue as well—the call to ‘begin an Engage Victoria consultation’. Can I put it to the chamber that that is unnecessary and could be problematic by repeating consultations and delaying work on the reporting alternative as well as other reforms. Sometimes we have to peel back the reality of the situation and really examine closely what the true ramifications of various proposals might be, and specifically in the motion itself. So noting the delicacy of this matter, I just want to be very clear about that, to understand why. This is the beauty of having this debate, so you can understand the rationale behind the decisions that are being made with regard to such delicate and difficult but vital matters that we are discussing here today.

I put it to the chamber that specifying a time frame is also problematic in light of the existing process and design complexity, and so I think that should be considered in an appropriate way by the chamber. Understand that it is not, as has been inferred, a lack of prioritisation or otherwise; it is actually being fully aware of the ramifications of the decisions being made and the necessity to optimise this model for the best interests of victim-survivors. If nothing else, if we can have a unified position in striving to have the best possible outcome for victim-survivors, then that is certainly a positive outcome from this debate today, because certainly that is the priority of our government, and we stand by that.

I think the other issue that I would like to leave the debate with—I should say I am not leaving the chamber—is that, if nothing else, when we do discuss and debate these issues, hopefully it gives more victims the courage to come forward and to report when they are involved in traumatic incidents. I hope that that is also a positive that can come out of this debate today.

Mr FINN (Western Metropolitan) (14:49): I rise to support the motion moved by Mr Grimley, and in the very, very brief period of time I have, I support this motion on the basis that anything which helps victims achieve justice is a very good thing. This is surely that situation, because there is a degree—and an understandable degree—of reluctance on the part of some people to report a sexual offence. I think part of that is a feeling of humiliation, a feeling that it is somehow the victim’s fault that this happened. I, for the life of me, do not understand that, but that is how some people feel, and unfortunately there are some people in the community who go out of their way to make them feel like that.

I think this is a very good move if we can put in place a sexual assault reporting option in the way Mr Grimley has proposed. I think that would be a very, very good move and something that would help an inordinate number of people who might otherwise just let it go through to the keeper. Any sort of assault but sexual assault in particular is something that should face the full wrath of the law, and this proposal put forward by Mr Grimley today I believe will get the ball rolling. I commend him for putting this motion forward, and indeed I commend the motion to the house. I assure you that certainly it will have my support—not just this motion today but if indeed the government was to pick it up and run with it, then it would certainly have my support in terms of legislation as well. I sincerely hope that we can see this in legislation in the not-too-distant future, and I hope that the government members will accept that and take it on board. Certainly I very strongly support this motion.

Mr GRIMLEY (Western Victoria) (14:52): Thanks, everyone, for sharing your thoughts on this motion today. I was pleased to hear some very positive conversations coming out of it, at the very least. Just to sum up, I suppose, when we have a number of victim-survivors of sexual assault speaking up and saying that we need alternative reporting options, we should listen. When we have Victoria Police saying that we need alternative reporting options, then we should listen. Sexual Assault Services Victoria and the Sexual Assault and Family Violence Centre both say we need alternative reporting options. We must listen to them all and do what we can. Child Safe Strategies and a range of other stakeholders are all saying the same thing: we need alternative reporting options for victims of sexual assault. We must listen and we must act.

Eighty-seven per cent of sexual crimes go unreported. That has been bandied around here quite a bit today. Just for context, in the 10 years to 2019 in Victoria there were 84 333 sex offences recorded by police. That works out to be around 8400 per year—that is the recorded offences. Given that 87 per cent are not reported and given the statistics by the Sentencing Advisory Council—and if my maths is correct, and I do stand corrected—that means around 56 000 sexual offences in Victoria in one year are not reported. That means 56 000 voices are not being heard per year, and that means 56 000 victims of crime are not being recognised every year. That is just astounding. This motion seeks to give those victims of crime a voice where they otherwise would not have one. This motion is about putting action together from words, because words alone will not fix this issue. It is about putting power and control back to the victims of crime.

Thanks again to Mikaylah, Debbie and Georgina for coming along today to the chamber. I really appreciate your help and support and advocacy on this issue. And thanks again to the chamber for the support for this motion. Now is the time for action.

Motion agreed to.