A survivor of sexual assault is calling for changes to the way victims of stranger sexual assault are treated. Cathy Oddie, a member of the Victims of Crime Consultative Committee and survivor of a historical rape by a stranger is campaigning for the right of victims to learn the identity of their alleged perpetrator in circumstances where the police have identified the individual but have decided not to place charges.
According to the Department of Justice and Community Safety, there is a risk that identifying an alleged perpetrator before charges are laid may taint the investigatory process.
Ms Oddie says that she understands the need to protect the investigatory process. However, she says that in circumstances where the police have “pinned down” the identity of the alleged perpetrator but have ultimately determined that charges will not be brought, that victims should then be allowed to learn the identity of the alleged perpetrator.
Giving victims the right to learn the identity of their alleged perpetrator “allows victims to take the necessary steps to protect themselves and their family”, she says.
In Ms Oddie’s case, the alleged perpetrator was identified by the police but left Australia before a formal interview could be conducted. The case has effectively remained open since 2005 – without Ms Oddie learning the identity the alleged perpetrator. This is despite the fact that both the alleged perpetrator and his friends know Ms Oddie’s identity.
“All other parts of this equation have knowledge and information except for me.” The current position of the law, she says, “creates a situation where the person most impacted has the least power.”
In her case, Ms Oddie says that she does not wish to make public the identity of her alleged perpetrator. Rather, she says learning the alleged perpetrator’s identity is both for her personal recovery and for the ability to take steps to protect herself in the online world.
“I would like to have the agency to block this person and any affiliated person.”
The current legal position also prevents victims of stranger sexual assault from commencing civil action. In order to file a civil claim against an individual, their identity must be known. Without knowing the identity of the alleged perpetrator, victims of stranger sexual assault are effectively blocked from serving the alleged perpetrator with a civil claim. There is crimes compensation legislation, where the identity of the perpetrator is not necessary, but such compensation is capped and the full suite of legal remedies is not available to victims under that regime.
Ms Oddie says that giving victims the ability to pursue a civil claim is particularly important in the context of how few sexual assault cases are ultimately prosecuted.
According to Ms Oddie, the ultimate effect of not allowing victims of stranger sexual assault to learn the identity of their alleged perpetrator until after charges are laid results in the creation of a “two-tier justice system”, where victim survivors who know their perpetrators have greater access to legal rights and resources than those who were assaulted by a stranger.
“People in this category of violence of sexual assault from a stranger have to go through the rest of their lives without knowing who the perpetrator is.”
The Victorian Law Reform Commission’s (VLRC) recent review into Improving the Response of the Justice System to Sexual Offences did not look into the issue of identifying alleged perpetrators to victims of stranger sexual assault prior to charge. Ms Oddie has since raised the issue with the Legal and Social Issues Committee, but no formal steps have been taken to review the position of the law on this matter. Chairman of the VLRC Tony North has stated that the VLRC would review the issue at the direction of the Attorney-General.
A spokesperson for Victoria Police was contacted for this story, but was not available for comment.
If you or someone you know are experiencing sexual abuse or family violence, contact:
- SHE (free and confidential counselling and support) on 6278 9090
- Sexual Assault Support Services on 6231 1811, or after hours 6231 1817
Featured image: Scales of Justice, 2020, Jo Zimny via Flickr
