Media and Advocacy
“In decades to come we will hear horror stories of the women who put themselves through a broken system to be seen. Until then, this network sees you.”
– S
Claims of a ‘fake rape crisis’ are a slap in the face for victim-survivors
‘Victim’ is not a dirty word
Sarah says consent is the gateway to sexual pleasure. Here’s why
Reporting sexual assault is hard enough. Then there’s another layer of complexity.
If a lawyer doesn’t understand the criminal justice system, how can we expect a jury to?
Turning trauma into ‘true’ victim resource.
Empowering survivors of sexual assault.
With You We Can launches Australia’s first victim-led sexual violence knowledge hub.
Events
In Support of ILR
Knowing that we rely on victims to report crime and cooperate as a witness so that the state may prosecute, our treatment of victims is dramatically behind where it should be. While often positioned as solely in the interests of the victim, independent legal representation for complainants can support the state’s prosecution efforts.
In Conversation with Igniting Change
Sexual assault disclosures have skyrocketed in Australia, yet only 10% are reported to police. Why? The police and legal systems are brutal for complainants, and failing to address sexual violence. Meet two women on a mission to change this. Jane Tewson in conversation with Sarah Rosenberg (With You We Can) and Nina Funnell (Let Her Speak).
Something Has To Change
A searing indictment of a legal system that consistently fails women, ‘Prima Facie’ is a powerful tool to build understanding around our justice system. With You We Can invites criminal lawyers, advocates and services to view the performance and hear from panellists about why business as usual is not good enough.
That’s What She Said
A play written in response to the ongoing problem of sexual violence on university campuses, ‘That’s What She Said’ is partnering with With You We Can to host panels following Saturday performances. Panels will tackle subjects such as consent education, the legal system, sexual assault in First Nations communities and rape on campus.
Projects
Australian Law Reform Commission Inquiry into Justice Responses to Sexual Violence
When it comes to sexual violence, this is a difficult question to answer. Nothing can put a victim back into the position they were in before the crime was committed. But most of us can tell you what justice isn’t; the criminal justice system.
Attorney-General the Hon Mark Dreyfus KC MP has asked the Australian Law Reform Commission to inquire into justice responses to sexual violence. The inquiry is being jointly led by the Hon Marcia Neave AO and Her Honour Judge Liesl Kudelka.
The terms of reference have regard to:
- laws and frameworks about evidence, court procedure and jury directions
- laws about consent
- policies, practices, decision-making and oversight and accountability mechanisms for police and prosecutors
- training and development for justice agents to enable trauma-informed and culturally safe justice responses
- supports offered to victims prior to reporting to after the conclusion of a trial
- alternatives or transformative approaches to criminal prosecutions, including civil claims, restorative justice and specialist courts
Importantly, the ALRC has been asked to consider the particular impacts of laws and legal frameworks on cohorts that are disproportionately affected by sexual violence. This includes women, First Nations people, people with disability, people who are LGBTQIA+, people who have been incarcerated, migrants and refugees impacted by an insecure visa status, sex workers, people in residential care settings, and older people, especially those experiencing cognitive decline.
Executive Director Sarah is one of eighteen lived experience experts on the Expert Advisory Group, charged with informing the 12-month inquiry and supporting the Commissioners in advising the government on implementing the inquiry’s recommendations.
Transforming Inclusive Protection, Advocacy and Agency (TIPAA) Project
The TIPAA project is enacting recommendations from the Women’s Safety & Justice Taskforce of the Department of Justice and Attorney-General Queensland. We are developing and evaluating a state-wide model for a victim advocacy service and an integrated response to sexual assault, with lived experience at the centre.
The project is being led by Associate Professor Mary Iliadis, alongside Associate Professor Dr. Lata Satyen, Associate Professor Clare Farmer and Professor John Toumbourou of the Deakin Network Against Gendered Violence, and conducted with sector partners such as Women’s Legal Services Australia.
Protecting sexual offence victims’ private information in court through Independent Legal Representation
Victims’ rights to privacy are overwhelmingly evaded. While all states have legislative protections in place, they have no meaningful, if any, legal avenue for victims to enforce them.
Access to a victim’s private information is used to intimidate and discredit them based on archaic myths. Victim X’s diagnosis of PTSD following their assault is used to suggest that they are mentally unstable, and that the assault never happened. Their first disclosure to a counselling service is read to the perpetrator in court. Victim Y’s abortion as a teenager is used to suggest that she is a bad person and therefore less worthy of belief. The names of those she has had consensual sex with are dragged into criminal proceedings. Victim Z texted their Mum saying “maybe he didn’t mean to hurt me”. Their rebellious history in primary school due to undiagnosed ADHD is uncovered; they have a history of lying so they must be lying now.
With You We Can co-designed this Australian first study aiming to understand victims’ experiences in court, and whether their private information (medical or counselling records, sexual history and digital communications) was protected. Led by Associate Professor Mary Iliadis and Michael Salter, the study is a joint project between Deakin University, UNSW and Monash. It is funded by the Australian Institute of Criminology.