Rape myths make it almost impossible for victim-survivors of sexual assault to find justice in Australia’s legal system | Rachael Burgin

The Sofronoff inquiry shows that our legal system still needs drastic reform when it comes to matters of sexual violence

This week the public was finally provided with a copy of Walter Sofronoff's inquiry into the conduct of Bruce Lehrmann's rape trial. Its release, however, has brought with it more misreporting around sexual violence, including the perpetuation of rape myths".

A central finding of the inquiry - that the prosecution against Lehrmann was properly brought by the director of public prosecutions, Shane Drumgold SC, who moved to charge Lehrmann after ACT police declined to - has been overlooked in much of the reporting. The inquiry's findings do not establish Lehrmann's guilt or innocence, just that the police and the DPP acted appropriately in bringing charges. Brittany Higgins alleged Lehrmann, a former colleague, raped her in Parliament House in 2019. Lehrmann, who pleaded not guilty to one count of sexual intercourse without consent, has always denied the allegation of rape and no findings have been made against him. He was tried by the ACT supreme court in October but a mistrial was declared due to juror misconduct.

Dr Rachael Burgin is a senior lecturer in criminal justice at Swinburne Law School and the CEO of Rape and Sexual Assault Research and Advocacy (RASARA)

In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is affected by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org