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A new report by victim-led advocacy organisation With You We Can makes the case for all victim-survivors of sexual violence to have access to independent legal representation, like Ms Rowe did.
Executive director Sarah Rosenberg started the organisation after learning first-hand how traumatising navigating the criminal justice system can be for victims.
“It’s difficult to put into words just how demeaning and belittling being just a prop in the pursuit of justice for your own rape feels,” Ms Rosenberg said.
The report, What No One Told Us, highlights low reporting rates of sexual violence across the country and the fact that of those who do report, 85 per cent of cases do not progress to a perpetrator being charged.
“Of the 15 per cent of reports that result in charges, two out of five defendants have all charges withdrawn by prosecution, dismissed due to mental health or otherwise disposed of before verdict,” the report states.
The report recommends a national rollout of independent legal representation for all victim-survivors to address those damning statistics, to be funded by the federal government.
That would mean all victims have early access to an independent referral point, where they are provided a lawyer who is independent of the prosecutor and prioritises the victim’s interests during criminal prosecution.
“Giving victim’s lawyers is not ground-breaking, it’s really nothing new — Australia lags behind so many jurisdictions that give victims independent legal representation for criminal proceedings,” she said.
The ACT, Victoria and Western Australia have introduced independent legal representation pilot programs, with all other jurisdictions to follow suit next year.
Victims are entitled to independent legal representation in some European countries, including Italy, Germany and Sweden, parts of the UK, the United States and Japan.
Greg Barns, a barrister and former president of the Australian Lawyers Alliance, has significant hesitation about allowing an additional legal representative in cases of sexual violence.
Mr Barns said he was supportive of victims having an advocate as an extension of the prosecution team in the pre-trial period, but to add a third lawyer to the bar table “had dangers attached to it”.