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The 'rule of law': how the Australian justice system treats alleged sexual assault survivors

<span>Photograph: Richard Milnes/Rex/Shutterstock</span>
Photograph: Richard Milnes/Rex/Shutterstock

Events following the trial for the alleged rape of Brittany Higgins have once again highlighted a number of issues with how alleged victims of sexual assault are treated by the justice system in Australia.

The following graphic and article were originally produced in 2021, but the numbers and outcomes remain relevant.

Although the number of reported sexual assaults in Australia is increasing, surveys still show the majority of people do not report sexual assaults to police. For cases that are reported, police investigations are less likely to result in legal proceedings than for most other types of crimes, and court cases take longer to conclude.

Related: I was raped as a teenager. Here is why I didn’t consider going to the police | Lucia Osborne-Crowley

Here, you can see the statistics at each stage of the process. This graphic is partly based on the excellent work of the Age here, and you can read more about how police investigations treat sexual assault cases in this investigation by the ABC. Both of those features also go into detail about how women are treated at each stage, and reasons why they might not report at all, or why they might withdraw from the legal process.

Graphic showing statistics around sexual assault cases at each stage of the justice system
  • Thanks to associate professor Kristin Diemer from the University of Melbourne and associate professor Michael Salter from UNSW, who provided feedback on an earlier version of this graphic

  • In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org.