Inquiry on Justice Responses to Sexual Violence

May 2024

Submission to the Australian Law reform Commission

Experiences of violence are far more commonly experienced by First Nations women, as well as by individuals with other intersectional marginalisations. Research shows that First Nations women are 5 times more likely to experience violence than their nonIndigenous counterparts, 10 times more likely to die from assault and 32 times more likely to be hospitalised for injury associated with violence than non-Indigenous women. Experiences of sexual violence are also on the rise. ABS data shows that experiences of sexual violence against First Nations people in New South Wales and Queensland have almost doubled since 2010 and the majority of this violence is perpetrated against women under 18 years of age.

This violence does not occur in a vacuum. Rather, it is the result of systems and structures that enable violence to exist and be perpetuated in forms of inequality, racism, discrimination, intergenerational trauma,1 poverty, and insecurity. Resolving violence and creating safe and responsive communities requires a holistic, systems reform and First Nations gender justice-informed approach. This approach must intimately inform processes and procedures to respond to violence to create adequate and meaningful support for victims, as well as to shift systems – including policing and courts –to mitigate violence in all forms. This is the messaging that has emerged over 7 years of engagements with First Nations women and girls through the Wiyi Yani U Thangani Project. Throughout this submission we respond to violence in all forms, as well as sexual violence (which will be described explicitly). Sexual violence is often not experienced in isolation from other forms of violence and therefore should not be responded to in isolation. As such, we hope that these recommendations and the Inquiry more broadly consider the intersectional nature of violence.

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