Justice for Survivors: Ensure Victim Trauma Counts in Sentencing for Domestic Violence, Violent Offences and Child Sexual Abuse

The Issue

Every survivor deserves a justice system that recognises not only the crime committed against them, but the lifelong impact that crime can have on their lives.

In Australia, domestic and family violence, violent offending and child sexual abuse are serious issues that continue to impact individuals, families and communities. While our justice system considers the circumstances of offenders and the reasons behind their offending, we must also ensure that the trauma experienced by victims and survivors is given the recognition it deserves.

When offenders plead guilty, courts may consider sentence reductions as part of the sentencing process. Guilty pleas can have benefits, including reducing court delays and sparing some survivors from the additional trauma of a trial.

However, in serious cases involving domestic violence, violent offending and child sexual abuse, survivors can be left feeling that the lifelong consequences of the harm they have endured are not being fully reflected.

A court case may represent one moment in time, but for survivors, the impact can last a lifetime.

For many victims, the offence before the court is not the first time they have experienced harm. It may be the first time the justice system has heard their story, but it may follow years of fear, control, abuse or trauma.

A first conviction does not always mean a first victim.

Recognising the Impact on Survivors

Our justice system must recognise that the trauma experienced by victims is just as important as understanding the circumstances that contributed to an offender's actions.

Understanding an offender's background, history or challenges does not mean we should overlook the devastating impact their actions have caused.

The trauma that may have influenced someone to offend and the trauma caused to their victim are two different things.

Survivors often live with the consequences of violence and abuse long after a sentence has been handed down. They may face ongoing physical injuries, psychological trauma, fear for their safety, impacts on their families, and challenges rebuilding their lives.

Justice must recognise the full picture: the circumstances surrounding the offending, the harm caused, the risks to the community, and the lifelong impact on survivors.

Why Reform Is Needed

Sentence considerations for guilty pleas are designed to encourage offenders to accept responsibility and support an efficient justice system.

However, there must be careful consideration of how these laws operate in the most serious offences, including:

- Domestic and family violence

- Repeat violent offending

- Child sexual abuse

- Serious assaults and offences that cause lifelong harm

Survivors and communities need confidence that sentencing decisions reflect the seriousness of these crimes and prioritise safety.

A reduction in sentence should never make survivors feel that the harm done to them has been reduced or that their trauma matters less.

 

What We Are Calling For

We call on Australian governments to review and reform sentencing practices to ensure that:

- The lifelong impact of violence and abuse on survivors is given meaningful consideration during sentencing.

- Victim Impact Statements are given appropriate weight and recognition.

- The safety of survivors, children and the wider community remains a central consideration.

- Serious domestic violence, violent offences and child sexual abuse matters receive sentencing approaches that reflect the severity of the harm caused.

- Survivors are treated as a central part of the justice process, not as an afterthought.

Survivors Deserve Justice

Justice is not only about the process being efficient. Justice must also recognise the people who carry the consequences of crime long after the courtroom doors close.

Survivors deserve to know that their trauma, their safety and their future matter.

If we say domestic violence, child sexual abuse and violent offending are societal issues, then our response must include a justice system that truly recognises and protects those who have been harmed.

It is time to ensure survivors are heard, valued and considered in the decisions that affect their lives.

Please sign and share this petition to support stronger recognition of survivors and a fairer, safer justice system.