We have a problem with sexual assault convictions, but it’s not what you think

There is a dangerous backlash emerging against the prosecution of sexual assaults, which runs counter to everything we know about violence against women and which should be called out for what it is – misogyny and outdated attitudes masquerading as concern for the principles of justice.of rugby league star Jarryd Hayne.

We accept the reason why many women don’t “just leave” is because they are frightened to or because they have been emotionally manipulated into thinking what is happening is normal and/or their own fault. Rare is the case of domestic violence or abuse that doesn’t have a sexual element – on the contrary, sexual coercion is often the best way for an abusive man to impose his control.In recent months, several NSW District Court judges have criticised the state’s Director of Public Prosecutions, Sally Dowling , for putting to trial sexual assault matters that they said had no reasonable prospect of conviction.

Crossfire criticism of state prosecutors from the judicial bench is newsworthy, and perhaps the judges’ critiques were just. But let’s not allow these critiques and the gleeful media reporting of them to obscure a glaring fact that bad-faith actors will never acknowledge. That is, sexual assault has incredibly low rates of prosecution, conviction and custodial sentencing.

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