It is well accepted that sexual violence and rape are one of the most under reported, under charged and under convicted crimes. The latest figures from the ABS are only 8 % of women report sexual violence to the police and a 1.7% conviction rate. About 1/3 of cases involve domestic and family violence.

We as a community have a lot of work to do to respond effectively including in primary prevention, early intervention, and other strategies, however, the low engagement with the criminal justice system is evidence that our current justice responses are clearly not working. The ALRC Review into Justice Responses in Sexual Violence provides opportunities for us to consider other innovative options.

At the National Roundtable on Sexual Violence in August 2023, the Queensland Sexual Assault Network proposed a new, accessible civil approach and this model will be discussed in more detail. A civil approach would hear and test evidence but use the civil standard, rather than the criminal standard “proof beyond reasonable doubt”. Importantly in a civil case, the respondent would be required to give evidence and be subject to cross examination.

Also, there will be a discussion about the new coercive control criminal offence introduced in NSW and Queensland and whether it could provide an alternative pathway forward for determinations in the criminal justice system of intimate partner sexual violence?”