This story contains references to domestic violence and sexual assault.
A new report is calling for legal literacy among victim-survivors, frontline services and legal professionals, to help victims navigate a complex criminal justice system and address high attrition rates in sexual assault cases.
Chrissy is 33-years-old and faced traumatic experiences navigating the criminal justice system as a victim-survivor of domestic and sexual violence.
One in five women and one in 16 men have experienced sexual violence as adults in Australia, according to the 2023 Australian Bureau of Statistics - and yet 92 per cent of women don't report their most recent sexual assault.
She's among many victim-survivors who feel disempowered by their lack of knowledge of processes and legal systems in sexual assault cases.
"I truly didn't have a clue what I was walking into. I just remember being so scared because I felt so powerless," she told SBS.
A mother from Wollongong, she was first forced to navigate the criminal justice system in 2021, just weeks after having a baby.
Falling pregnant two weeks after meeting her perpetrator in May 2021, Chrissy said she experienced almost every kind of abuse at the hands of her perpetrator - including emotional, physical and sexual violence.
'It's really difficult to report, no-one teaches you how to do it'
Chrissy first interacted with police after her perpetrator falsely filed a missing persons report for her and her child.
What followed was a long and emotionally taxing three-and-a-half year legal journey which ultimately resulted in her perpetrator being sentenced to 10 years in prison earlier this month for five of the eight charges filed against him.
I remember sitting there and thinking, what am I supposed to do? I've got no idea what I'm walking into... My power was in someone else's hands.
Stories like Chrissy's are the driving force behind a new report by sexual violence advocacy organisation 'With You We Can'.
It highlights how legal literacy gaps are failing victim-survivors of sexual violence, and recommends ways to improve the system.
Executive director of the organisation Sarah Rosenberg said fear is only one aspect of victim-survivors' reluctance to navigate the system.
"But also victims don't know how to engage in the first place. It's really difficult to report, no-one teaches you how to do it."
Chrissy confronted hurdles every step of the way.
While she recalls a positive initial interaction with a police officer, a separate detective told her she was wasting her time when she visited the station to make a statement.
With You We Can's report noted attrition rates are highest at the police stage of the criminal justice system for sexual assault cases.
The report stated this is largely due to police being guided by a need for evidence to support a guilty verdict, rather than address the crime itself, and still draw heavily upon rape myths.
Rosenberg said something more than trauma-informed training is needed to resolve these shortcomings.
"So I think when it comes to police beyond, of course needing training, training, training always, and in particular legal literacy training as well, they need a mandatory duty to investigate."
Heading to trial is a whole new hurdle
Chrissy recalls briefly seeing her perpetrator on screen, despite being assured that she wouldn't have to see him if she gave evidence through an audio-visual link.
She suffers from a neurological dysfunction which means her body shuts down when experiencing high levels of stress, and on the fourth day of giving evidence, she said she had a seizure and was taken to hospital.
Upon returning the following day, Chrissy said the defence used her experience against her in numerous ways, including accusing her of using the hospital time to go over all of the evidence and change her answers, despite not having access to evidence outside the safe room where she appeared to the court.
"[It] made me feel like because I had a seizure, I was in the wrong. And that's the whole thing. You feel like you are the one on trial. Everything you say is being judged."
Rosenberg said even legal experts in the system often aren't equipped to deliver procedural justice.
"Even the people that are meant to be doing the job are not across the nuances of what's occurring in sexual assault trials."
Victim-survivors do not receive legal advice from prosecutors as they are witnesses to the state's case against the defence.
Chrissy was forced to navigate different jurisdictions for her domestic and sexual violence charges and says she would have found independent legal representation very helpful.
"I think what a lot of people don't realise is the victims are witnesses. We're just witnesses. We don't have what the defence has. We don't have a legal team working directly with us.
"I remember at times questions being asked to me, and I just wish there was someone that could have guided me, could have prepared me."
Offer of independent legal representation is a crucial recommendation
Rosenberg said this is particularly important for vulnerable groups who have experienced discrimination from the police and have a relationship built on mistrust - including First Nations and LGBTIQ+ people, as well as people with a disability, sex workers, or those on a temporary visa.
"It's about supporting victims who are the chief witness in the state's case against the accused to deliver their best evidence, to not be humilitated, distressed and discredited on the stand unlawfully."
Australia is already conducting pilots for independent legal representation in some states, including the ACT, Victoria and Western Australia.
With You We Can's report says independent legal representation would replace fragmented advocate bodies with one legally qualified source throughout the process.
This includes case management across police, court and post-trial stages, as well as legal interpretation of processes, rights and decisions to better support victims' choices.
The representative would not replace the prosecution and would only be involved in defined circumstances, such as when issues of privacy arise in cases where there might be a subpoena for medical or counselling records.
Sydney Law School senior lecturer Dr Rachel Killean said while she believes there's a place for independent legal representation in sexual assault cases, measures are need to ensure the accused has access to a fair trial.
"What you don't want is an accused person up against a double prosecution. Because they're already so imbalanced, the rights of accused persons and the resources that their lawyers practice, compared to the state. So you want to be careful about that."
Early legal literacy about sexual assault cases is another recommendation made by the report, calling for modules to be embedded in consent programs in schools and universities.
Killean agrees that legal literacy is important, but believes real systemic change will come from embedding trauma-informed approaches at all stages of the criminal justice process.
"And then continuing to push for some kind of parameters to be placed around cross-examination... It is entirely possible to cross-examine a complainant without humiliating them or engaging in rape myths, and yet we still see this playing out all of the time."
Chrissy told SBS she's speaking out about her experience in the hope others feel less alone when seeking justice.
"If sharing my story could help even one person, then everything I went through was worth it."
If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732. In an emergency, call 000.
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