Guilty of rape but no jail time: How the court system is failing young women | 60 Minutes Australia

I feel like I have been murdered but my body has been left alive was the worst night of my life these Brave women have gone through hell when he raped me he took a piece of me with him and have had enough did you get Justice no the system failed me coming up to on 60 Minutes the trial was more traumatic than the actual rap my character was being judged their attackers were found guilty but weren't jailed community service are you joking there's a slck in the face what's up with our justice system can you understand why complaintants feel like they are on trial they're not on trial does it need to be changed so he can go and cuddle some puppies and that's considered Justice that's next on 60 Minutes their damning statistics one in five women in Australia over the age of 15 has experienced sexual violence yet only 13% of sexual assaults are ever reported then the numbers get even worse few of those cases make it to cour and even fewer end in a conviction it's no surprise many survivors of these attacks accuse the justice system of causing more harm than good but as you'll see tonight some women have now had enough and are courageously fighting to force change and a warning some of the issues raised in this story are confronting this night was the worst night of my life it forever changed who I am and it herma spread me to confront your rapist in a courtroom takes enormous courage but meline Lane was determined to get Justice For The Assault that changed her life this crime turned me into a shell of myself I felt so much shame when he raped me he took a piece of me with him and I'm never going to get that piece back Emily Campbell Ross knows her life will never be the same but she's not giving up either having survived sexual assaults and grueling trials Emily and Maddie are still fighting the trial was more traumatic than the actual rape this is a court of law do you feel like you got Justice here no the system failed me it's the ultimate Injustice despite being found guilty neither Maddie nor Emily's rapists spent a single night behind bars now these Brave women are calling for change so others won't have to endure the same pain I didn't think think the system actively put down women I didn't think the system actively decriminalized rape cuz community service is a slap in the face before her assault Mar Lane was a vivacious and independent 27-year-old living life to the full I was very adventurous and outgoing and I had been to 33 countries so I had traveled extensively but one night in April 2020 would destroy all that Maddie met her rapist through the online dating app Tinder after exchanging messages the pair decided to meet up for a casual night in but Maddie made it clear sex was not part of the plan so if you're wanting a hookup I'd rather be upfront I'm not your girl and we wouldn't be having sex tonight or when we C sh so that's what you're after I wouldn't want to waste either of our time and then he responded no I respect that i' prefer it that way as long as I got the chance to still a cuddle off you tonight I'll be happy so what did you expect going to his house that night I expected we were going to watch a movie together we were going to get takeaway we were going to smoke a joint and then we were going to go and sleep and then I would leave the next morning and what was the reality it started like the expectations I got there we ordered takeaway we smack the joint we watch the movie um and I I felt okay to begin with until we went to the bedroom and there were in your evidence some sexual acts that you did consent to yes we we did some sexual acts throughout that night um I say sensal we never discussed them do you feel like there could have been any confusion about your consent or lack of consent I made it crystal clear and right before the assault he went and got condoms from his wardrobe and I asked him what he was doing he's like I'm getting a condom and I said why we're not having sex tonight and he dry humped me for a few minutes and then he broke his promise and he put it inside me and how did you respond in that moment I froze to begin with but I did fight I started pussing at him and slapping saying please stop please don't do this I don't want this Emily's assault shattered her sense of self and initially her hopes for a bright future that little spark that made me Emily was demolished I was absolutely ruined and at some points in the in the months following I kind of wished he had murdered [Music] me her rapist was a friend who she'd previously dated he came over and I had made dinner I was quite intoxicated when we you know smoked marijuana um and he had a Amal nitrate which is also known as Jungle Juice um and he I'd never tried that before and he was like give this a go so I I gave that a go and it like hit me like a freight train like I just was like oh I'm not good really not good so you were drunk and high and you went to bed alone he stayed downstairs to smoke weed when you woke up what was happening his hands were in my pants and I knew I just knew what was coming how did you react in that moment I I just I went limp I I remember like thinking this is going to change my whole life I'm now a rape victim physically I saw the impact the assault had on my body from the pain I felt between my legs to the blood stain on my sheets I was so terrorized by the idea that he was in me in the weeks following that no matter what I did I couldn't feel clean diary entries from that time detail the agony Emily endured I feel like I been murdered but my body has been left alive but unbelievably the worst was Yet to Come Emily and Maddie both reported their assaults to police and charges were laid they thought they were on the road to justice but the system they expected to protect them broke them the trial was more traumatic than the actual rape I felt like my character was being judged but as you'll see in the courtroom there are two sides to every story and defense lawyers make no apology for the fact that they have a difficult job to do essentially what you're doing is um you're starting from the position it didn't happen it's been nearly 4 years since M Lane was sexually assaulted but she's adamant she's no victim once a month Maddie gathers with are survivors of sexual violence so I'll begin so you guys get an idea so hi I'm Madia hi M um where I'm out with my healing journey is I've been through the entire process so I was assaulted back in 2020 it's a safe space to support each other and have a good vent about the trauma of the court process and I'm starting to advocate for change with the process um because I don't think that a experience was good enough did you know what you were embarking on people tried to warn me that it would be a very hard and long process but I had no idea what leading stoed it was traumatic and it was horrible the cross-examination was by far the hardest part of that experience no one wants to sit in a room full of strangers reliving the worst night of their life that it's not an enjoyable experience why would anyone want to sit there and be examined like that Emily Campbell Ross was raped in 2021 and says the criminal trial was worse than the assault the scrutiny and cross-examination in the courtroom was immensely emotionally draining triggering feelings of Shame guilt and self-doubt what was the most traumatic part of the trial process the defense team their questions were in Consulting I was asked what I was wearing um I was asked to describe what I was wearing I was asked about uh my drug and alcohol consumption um he even at one point just said can I suggest that you were consenting like how insulting is that I get he has a job to do but you're talking to someone who's very traumatized and that's so offensive but that's what defense laws do I suppose in nearly 40 years as a criminal defense Barrister in Victoria specializing in sexual assault cases John Desmond has grilled thousands of victims and represented just as many alleged rapists it must be a tough job a difficult job defending alleged sex offenders day in day out it's challenging it's a privilege you know you're representing accused people at their most vulnerable time in their life where the con consquences are severe I mean the likelihood is they will be jailed and for a long time if these charges are proven how critical is it for you to be able to thoroughly cross-examine a complainant I mean cross examination is the only tool that the barister has to test uh the complaintant allegations I mean there are limitations which are imposed and and they're appropriate hopefully it's done in a respectful way and I mean that the the process is not about traumatizing ret traumatizing or further traumatizing a complaint what I was wearing has absolutely nothing to do with the decision to rape me I could have been wearing a a whole nun suit he still would have done what he did can you understand why complaintants feel like they are on trial well they're not on trial it's the accused man who's on trial but yes I can understand why they feel as though they're on trial clearly they are the chief or Central witness to the case and because their evidence is being tested and you often in a sexual assault trial they may be the only um or certainly the the chief witness who's being challenged after the horror of her assault and then an exhausting trial Emily was validated when her rapist was found guilty getting the conviction getting the guilty verdict being handed down was it was like a weight was lifted off my chest and I felt like they believe me but that sense of justice was short lived incredibly the judge decided that the man who assaulted her wouldn't spend a night Behind Bars given it was his first offense he was of good character and had strong prospects of Rehabilitation he was sentenced to 300 hours of community service and ordered to undergo counseling it was it was horrific I sobbed like I just thought are you joking community service and community service in the act you can volunteer at rspca so he can go and cuddle some puppies for a few hours and that's considered Justice for removing the right to my own body like that's not Justice I just I completely lost all faith in the justice system madd's rapist could have served 14 years with a non-parole period of 7 years instead the judge ruled the offense as just above low range and the offender of good character sentencing him to 300 hours of community service as part of a 2-year Community Corrections order an appeal was heard but was unsuccessful my expectation was he would be held accountable for his crime they say that they used sexual assault and rape as the second worst crime that can happen so for me he was going to jail he was going to go to jail and have to think about what he did to me while he sat there both women want to see mandatory jail time for convicted rapists a across the country but defense Barrister John Desmond says it's not that simple some rapes are more serious than other rapes so that's one component that the judge has got to look at in determining what the appropriate disposition will be but equally you've got to know a bit about the the personal background and history of the accused the man you're going to sentence is he a man who has a criminal history is he is he a repeat offend I mean th those sorts of issues are highly relevant to um specific deterrence summary offences largely dealt with in the local Court indictable offences largely dealt with in the district court when it comes to our Criminal Justice System David H has seen it all more serious offenses indictable offenses the sky the limit a former magistrate and Barrister these days David teaches law at the Gold Coast Southern Cross University and is a staunch advocate for legal reform he says madd's case highlights how the current system isn't working reading Maddie's cross-examination I mean She's accused of lying She's accused of being a fantasist She's accused of making it all up for her own benefit and that must have been incredibly grueling and it adds insult to injury that after that experience and a victim impact statement and sentence that doesn't include prison that the high court even though they found it was manifestly inadequate didn't intervene so when the judge gets it wrong what's the process well in New South Wales when a judge gets it wrong there's an appeal process and in this case that occurred all three judges found that this sentence was blatantly and obviously wrong but they exercised their discretion not to interfere with the sentence the bottom line is he was convicted of rape and he was not sent to jail what message does that send well that sends a message that there's a problem with the legal system as the Australian government looks to overhaul the way sexual assault is tried could one of our nearest neighbors have some solutions how were you dressed when he arrived at your door the underwear was that a g would that be permitted in your system I hope like hell [Music] not 2 and 1/2 hours drive from Oakland funger is the picturesque entrance to New Zealand's Bay of islands this small city has led the way for a big change in the way the country prosecutes sexual assault cases we're here to meet the woman behind the reforms that caught the world's attention good to see where the magic happens Yep this is bang Court this is where the revolution started now you guys do it too Dr Emily Henderson is a former MP for funger but before entering politics she worked in the courtroom as a public prosecutor and she could see the way complainants were being interrogated was doing more harm than good studies are showing that the same sorts of questions were asked of rape victims in the 50s as they are now is that right we're behaving the way we were in the 50s and we don't even realize it armed with no funding but boundless determination Emily said about changing what she saw as the core of the problem cross-examination it's not just that it's traumatic it's all the language and all the suggestibility and all the the confusing rubbish that it is designedly in a way but we can reduce the stress around the experience she designed a special training program for judges and defense lawyers to shift their attitudes and the way they questioned complainants so what response did you get initially absolutely they weren't going to do it so what you do is how do you change a game you move the goal posts who's contr in the game who do we had to get to to make the lawyers give up their tricks what's the judges so we got the judges trained up and once we trained the judges the whole game shifted and the lawyers might have been grumbling about it a bit but they had to if they wanted to win aim differently that was the real key and it Remains the key if the judges will accept that certain techniques actually destroy the quality of evidence and make the trial less Fair overall then the lawyers will go along because that's the only way they'll keep winning the funger court made other simpler changes to separate entrances for victims and defendants and a less intimidating environment so how much is this system had an impact on the community here it's massive what I hope we're going to see is more victims and complainants being easier and happier to come forward because one of the big issues we've all got is that um people are too scared to come to court as you know the number of cases we have actually being reported is Tiny compared to the number that's actually happening Defense barister John Desmond acknowledges the Australian system could be less daunting but says the real trauma is caused by testing the evidence and exposing inconsistencies and that's the job well you must preserve the right to cross-examine so um make the complainant or complainants feel as comfortable as you can um so that the process of giving evidence is not intimidating but is that going to reduce the trauma of a complainant who's having put to her you said something different to the police you said something different to the magistrate you said something different to your friend can you explain why the narrative has changed that trauma will still be there and he's not convinced that specialized training is necessary it's effectively what we've got at the moment with the core group of Judges who hear these cases ultimately you get the specialist training on the job rubbish you know I get that attitude because as I say ex lawyer but we don't know what we don't know you know you're doing what you're doing and it seems to be working because as a lawyer you really have no one reflecting back to you the reality so those people walk out of the courtroom you never see them again you don't know um what happened and you don't actually know uh what else you could be doing differently I want to put to you some of the questions that have been asked Y in Australia y to see if that would be allowed in your pilot y um one of the Brave victims complainants who spoken to 60 Minutes was asked in Cross examination how were you dressed when he arrived at your door the underwear was that a g string would that be permitted in your system I hope like hell not I can't guarantee it wouldn't but in most circumstances that should not be asked because of course what it is really doing is going back to those myths about she asked for it right um you're wearing a tight top a short skirt and a gstring good heaven the system here in funger is so successful that it's been incorporated into all New Zealand courts and drawn attention from right around the world what it's shown is that even the smallest changes can make a really big difference for victims and defendants going through the agony of a rape trial and that should provide some inspiration for Australian here as our government undertakes an historic review of how the criminal justice system deals with sexual violence we are seeing trials that are a lot shorter because we're case managing we've got judges who are actually paying attention to trying to get the trials on faster we're seeing um complainants come through the process feeling more powerful feeling um more respected and feeling good about what they've done and we're seeing police prosecutors and defense saying this is fair it's been really really magic to see it happen and it wasn't hard I think that's what I'd say to you guys it wasn't hard to do this whole system is flawed and unfair and honestly unjust no Survivor of rape should have to go through a cross-examination to have the worst experience of their life dragged out for Miss 2 years meline Lane was raped on Sydney's Northshore by a man she met on Tinder New Zealand's approach gives her hope that our criminal justice system can do better I do think that people working on the courts they need to be trained in how to deal with the Survivor of sexual assault it is a crime that affects your whole personality your body everything about you is changed and so they may not know when you're triggered or you're traumatized and so if they just have training to be aware of that and when you're being pushed and things like that I think it would make a difference pretty cool place to in the scenic Blue Mountains in New South Wales Emily Campbell Ross is also slowly rebuilding her life after an assault and trial process that nearly destroyed her oh it's so beautiful yeah hard to feel negative when you got a view like this right and knowing what you know now would you report a sexual assault would you go through the criminal justice system again I really don't know I don't think I don't think the outcome was worth what I went through but on the flip side I am grinding for there to be change I am pushing for there to be change if I can protect one woman from going through this I'm happy with that hello I'm Amelia Adams thanks for watching 60 Minutes 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Channel: 60 Minutes Australia

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Keywords: 60 Minutes, 60 Minutes Australia, Liz Hayes, Tara Brown, 60Mins, Amelia Adams, news, world news, news australia, investigative journalism, 60 minutes australia youtube, 60 minutes youtube, 60 minutes episodes, 60 minutes australia episodes, 60 minutes australia, 60 minutes, Adam Hegarty, Dimity Clancey, Nick McKenzie, crime, sexual assault, new zealand, whangarei, survivor, court, law, tinder

Id: S9E9Fqzzgcs

Length: 25min 55sec (1555 seconds)

Published: Sun Apr 07 2024