Even though sexual violence is common, it is one of the most under-reported crimes.
On 12 November 2021, the Victorian Law Reform Commission (VLRC) released its report entitled “Improving the Response of the Justice System to Sexual Offences” (the Report). The VLRC has produced a comprehensive reform package to improve the way the justice system responds to sexual offences. Multiple recommendations were made in the report, many of which should be considered by organisations working with children and vulnerable people. Click here for an overview of the Report’s recommendations.
As part of the terms of reference, the VLRC was requested to look at barriers to reporting sexual offences, and recommendations to improve the justice system’s response to sexual offending. The VLRC found that approximately 87% of people who experience sexual abuse do not report to police, and only half disclose the abuse at all (usually to family or friends).
The Report also found some communities experience sexual violence at much higher rates than others. These communities included Aboriginal women and women with disabilities. The above-mentioned higher rates are connected with broad structures of discrimination and marginalisation.
The VLRC found that approximately 87% of people who experience sexual abuse do not report to police, and only half of those who have experienced sexual abuse disclose the abuse at all.
Unfortunately, this is not new information. The Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) contained concerning statistics regarding disclosure of child sexual abuse. The Royal Commission found that many victim-survivors did not disclose child sexual abuse until many years after the abuse occurred (on average, it was reported that it took victim-survivors that spoke to the Royal Commission 23.9 years to report), and that some victim-survivors do not disclose at all.
The Royal Commission also found that Aboriginal and Torres Strait Islander children, children with disabilities and children from culturally and linguistically diverse backgrounds were more likely to encounter circumstances that increased their risk of abuse in institutions, reduced their ability to disclose or report abuse and, if they did disclose or report, reduced their chances of receiving an adequate response.
This article focuses on what organisations can do to better promote a safe environment, encourage victim-survivors to disclose at an early stage, and why this is important.
The VLRC findings
In order to make organisations safer, we first need to understand what prevents victim-survivors from disclosing abuse. The VLRC found the reasons people do not report sexual abuse are complex. These reasons are examined in detail in Chapter 7 of the Report. Key barriers to reporting include:
- an inability to identify that sexual abuse has actually occurred, especially in relation to online and technology-related offending;
- feelings of shame, embarrassment and shock;
- feelings of guilt and blame;
- social stereotypes of “real rape” and the social misconceptions about what sexual violence looks like;
- concern about family and friends responses to disclosure including the fear of not being believed;
- responses of others including mainstream services, doctors and carers;
- lack of information and support regarding reporting and the justice system;
- lack of trust in the justice system and its responses;
- fear relating to the consequences of reporting, including the fear of child protection involvement or loss of immigration visa;
- fear of not being believed especially in circumstances where the perpetrator of the abuse is in a position of authority;
- concerns about the justice system outcomes and processes; and
- barriers to accessing justice.
In our professional experience, when working with adult survivors of historical child sexual abuse, the most common comment they make is “I thought I wouldn’t be believed”. Often this is because the perpetrator has told them this, after a period of grooming both the victim-survivor and the people around them, including the organisation. Survivors have also told us they felt the organisation wouldn’t take action and would focus on protecting the perpetrator over the victim. Historically, and even now, some organisations attempt to protect their reputation before ensuring the organisation is safe and survivors are properly supported. Some organisations have vastly improved their child safeguarding function. Some organisations are still evolving.
Why is it important that organisations take action?
We know now, more than ever, how important it is for victim-survivors to disclose abuse at an early stage. Once victim-survivors disclose, they can be provided with the support they need to help them heal. Disclosure also ensures that perpetrators can be held accountable for their actions and prevents the perpetrator from abusing others. Early disclosure is also likely to aid in a criminal conviction as witness memory will be more accurate and a forensic disadvantage from delay is unlikely to be an issue in the prosecution. By ensuring there are proper processes in place to deal with the abuse, it can also deter other potential perpetrators from abusing children within the organisation.
How can your organisation support victim-survivors to report abuse?
There are a number of ways organisations can and should reduce barriers to reporting. These include:
- complying with the relevant sector standards including the Victorian Child Safe Standards in Victoria, and the equivalent child safe standards and National Principles in other states and territories, the National Standards for Disability Services, and the Aged Care Quality Standards;
- educating children and adults who support children and vulnerable people about what constitutes abuse and inappropriate behaviour. Organisations can do this through training. The training should provide clear examples of what constitutes abuse or inappropriate behaviour and make it abundantly clear that abuse of any form is not acceptable within the organisation and will not be tolerated;
- educating adults to recognise the signs of harm in children and vulnerable people. It is not enough to rely on the victim reporting abuse. Adults and support people need to be able to identify signs of harm and trauma in children so that appropriate enquiries and support can be provided, and suspicious behaviour reported;
- informing children, vulnerable people and their families that if they report abuse, their report will be taken seriously, properly dealt with, and they will not receive negative treatment for reporting;
- having clear policies and procedures outlining the pathway for reporting abuse and inappropriate behaviour, and encouraging not only the victim of the abuse but anyone who suspects abuse to speak up;
- keeping accurate and timely records of any reports or information that is received to ensure disclosures can be properly investigated and reported to police and regulatory authorities (including, as required, the CCYP, the NDIS Quality and Safeguards Commission and the Aged Care Quality and Safety Commission); and
- conducting independent investigations using external investigators to ensure investigations are free from bias and conducted in a legal and forensic manner, by a person who is trauma-informed so the victim is supported through the process.
The findings and recommendations of the Report have the capacity to assist organisations in preventing sexual offending and improving organisational responses to sexual offending to make the organisation safe.
How Moores can help
The Moores’ Child Safety & Safeguarding team delivers seminars and training to staff, students and participants in the disability sector to educate them on important topics such as consent, respectful relationships, harassment and image-based abuse.
Moores can assist organisations in reviewing, auditing and improving complaints policies and procedures in order to reduce barriers to reporting. Moores can also assist in responding to complaints or disclosures of sexual offending and harassment to ensure a trauma-focused response which is procedurally fair, including by conducting independent investigations.
Contact us
Please contact us for more detailed and tailored help.
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