Review finds police 'failure' in investigating sexual offences in the ACT

The review has found systemic change is needed following consistently low charge rates in the ACT over a number of years.

Misconceptions around sexual violence and a mistaken understanding of consent had affected how police responded to complaints and how cases were tackled, the review found.

It found rape myths and stereotypes influenced the way in which victim-survivors were perceived by officers, such as a victim-survivor needed to physically resist an offence for it to be considered non-consenting.

There was also a lack of understanding about domestic and family violence as a pattern, with police viewing sexual offences as isolated incidents rather than part of a pattern of violence.

The review has also found complainants are more likely to withdraw their complaints in the ACT than in other jurisdictions.

The report has prompted the ACT's chief police officer Scott Lee to concede victim-survivors in the territory had been let down by the system and he has expressed regret at this.

He has promised change saying the force would work with the government and other agencies to ensure that was a "victim-survivor centric approach".

"I want to acknowledge the individual experiences of victim-survivors and I want to express my sincere regret that these victim-survivors were let down by the police," he said.

"The issues that are identified in the review outline improvements that can be made by ACT Policing for our processes, our systems, our governance and our training to ensure that we provide the appropriate support to victim-survivors and we deliver the most effective policing service that we can."

The territory government has been urged to give police resources to re-examine cases and fund agencies which are struggling to keep up with a demand for their services.

A review examined 684 sexual offence reports to ACT police between July 1, 2020, to December 31, 2021, which did not progress to a charge. The review found there were 30 cases needing to be immediately re-investigated and possible further action was needed for about 182 cases.

There are about 170 cases, more than 25 per cent, which are waiting for possible further action by police. This further action includes re-engaging with a complainant about whether they wish for their case to be re-investigated.

The ACT had the lowest rate of complaints which proceeded to a charge during the period the review covered.

It showed only 7 per cent of reports in 2021 progressed to a charge. It was 16 per cent in 2020.

The territory also had a higher than average withdrawal rates, with the review finding a 48 per cent withdrawal rate in both cases of adult and child sexual assault cases, compared to international averages of 17 to 25 per cent.

People were more likely to withdraw in circumstances of family violence, with the review finding in 77 per cent of adult sexual assault cases the victim-survivor withdrew their report in circumstances where the suspect was known to them.

Deputy Commissioner Lee said in recent years more reports had progressed to a charge. He said in 2022, 24 per cent of matters had proceeded to a charge and in 2023, 18 per cent had proceeded to a charge.

The review of the cases was led by the former Victorian chief police commissioner Christine Nixon and former ACT magistrate and Legal Aid ACT president Karen Fryar.

The review was completed following a 2021 landmark report into the ACT's responses to sexual assault. The Sexual Assault Prevention and Response Program found sexual assault victim-survivors were often re-traumatised through their experiences with the territory's justice system, community and government agencies.

There were 28 recommendations made as part of the review.

Ms Nixon said the report examined the entire process about what happens when someone reports a sexual assault. She said she was hopeful the report's recommendations would be able to address why so many had withdrawn their complaints.

"We hope our recommendations will overcome that and encourage more people to report sexual assault and then be treated appropriately as victim-survivors," she said.

Police have been urged to review and enhance training on sexual violence, including around identifying and challenging rape myths, which were found to influence decision-making on cases.

"Adherence to rape myths and a mistaken understanding of consent, along with a narrow understanding of domestic and family violence risk, and the use of sexual violence within domestic and family violence contexts, were all found to influence decision-making and the progression (or lack thereof of cases)," the report said

Agencies responding to sexual violence in the ACT are struggling to keep up with the demand for their services. The review said it needed to be an "urgent priority" for the ACT government to resource all agencies to respond to the issues.

The report said this was particularly essential for a police taskforce which had been established to re-investigate cases identified in the report.

ACT victims of crime commissioner Heidi Yates said it was important agencies, including police and Victim Support ACT, were given appropriate supports to consider the cases needing further action.

She said the report was reflective of experiences from victim-survivors who had presented to her agency.

"The report is confronting but it absolutely reflects the experience of victim-survivors who have reported to our office their concerns and the hardship they've experienced in trying to report sexual violence," Ms Yates said.

"What this report has found is exactly what our clients have been speaking about in the ACT for some years and without them choosing to come forward and raise those concerns with our office and in other places we would not have this report."

The review highlights an example of a victim-survivor presenting at a police station within hours of the incident.

The victim-survivor was told she needed to immediately take part in a sexual assault forensic examination but police did not escort her to the hospital and the case was closed.

"The lack of priority on the collection of medical forensic evidence is likely to have impacted on case outcomes for victim-survivors," the report said.

The ACT government will respond to the report in August, but the government has already promised to give $380,000 to Victim Support ACT and the Canberra Rape Crisis Centre to improve supports for victim-survivors.

ACT Minister for the Prevention of Domestic and Family Violence Yvette Berry said the report showed the system had let down victim-survivors of sexual violence.

"Everyone in the community has the right to be safe and as a government we are committed to doing all we can to prevent and respond to sexual violence. Our justice system must do better to respond to the needs of victim-survivors," she said.

Police Minister Mick Gentleman said he believed ACT police was committed to the review process and wanted to see changes.

"While I know ACT Policing has introduced many significant changes in how victim-survivors are supported, I welcome this insight as they continue this work. This report gives us a much deeper understanding of how we can address key issues and improve our response to people who experience sexual violence," he said.

"I want Canberrans to feel safe in coming forward to report crimes to ACT Policing. And I want them to know that sexual assault cases will be investigated in a sensitive way that recognises the traumatic circumstances they are experiencing."

Opposition Leader Elizabeth Lee said the findings from the review were concerning. She directed criticism at the government saying police had been "starved" of resources and frontline services had not been adequately funded.

"Every Canberran who reports sexual assault has the right to have full confidence in the criminal justice system and the way it will be responded to," she said.

"It is incredibly concerning that half the reports of sexual assaults are withdrawn and the community is right to ask why and how that is happening.

"Over 23 years, this Labor-Greens government has starved our police of resources; has not properly funded frontline services despite collecting millions of taxpayer dollars from the domestic and family violence levy; and has completely eroded public confidence in our criminal justice system."