• Michael Rozenes, Marcia Neave

15 September 2011Prosecution fails many victims, argue Marcia Neave and Michael Rozenes in the National Times.

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We begin with three typical stories about sexual assault. Two intellectually disabled girls complain that a 17-year-old boy with autism has indecently assaulted them. The parents of one girl are angry and want the boy to be prosecuted, but the police tell them it is unlikely he will be convicted. The parents of the other girl want him to understand that what he did was wrong and he must not do it again.

A 50-year-old man has only now been able to discuss the fact that as a young child he was molested by a family friend who is now almost 80 years old. He does not want the perpetrator jailed but wants an acknowledgment of the harm done to him and an understanding that the offender was not the kind old man everyone thought he was.

A 50-year-old woman is raped by her 20-year-old neighbour after she invited him to have a drink with her. The jury was not satisfied beyond reasonable doubt that the woman did not consent to have sex with the alleged offender. He is acquitted after a trial.

As it stands, the criminal justice process cannot acknowledge or vindicate these victims. And some alleged offenders may go on to harm others.

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