I don't think I could have hoped for a worse outcome than this one. The retrial of Bruce Lehrmann over the alleged sexual assault of Brittany Higgins, both former Liberal staffers, has been aborted. Higgins is now "in hospital getting the treatment and support she needs".
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Earlier this year, i wanted to write about how destructive the process of trying to get justice in sexual assault cases is in this country. The lawyers wouldn't let me. The editors told me to forget about it until the case ended and had a resolution. This will never happen. We can never know what went on between Higgins and Lehrmann. But it has left both of them damaged and, I would guess, hearbtreakingly, damaged beyond repair.
As the ACT's Director of Public Prosecutions Shane Drumgold said on Friday: "I've recently received really compelling evidence from medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk for the life of the complainant."
And just as I was despairing about the way forward, a friend told me about Transforming Justice Australia. The lawyers there tell me there is another pathway to justice and to healing. Honestly, it is the best thing I have read about the way out of this hell. They recognise both individuals and communities are hurt by sexual violence and have urgent needs to be addressed. They also recognise those responsible for causing harm have obligations.
We are so bad at both in this country. Most cases of sexual assault are never reported. Very few get to trial. And even fewer get real resolution for anyone involved. We have an epidemic of sexual assault in this country and no cure.
But there is another way. It's called restorative justice. Honestly, the process sounds slightly overwhelming. It brings together the person harmed, the person responsible and all those who are affected in some way. Just that list alone would fill some courtrooms with parents and children, partners and friends. And then the conversation starts.
What happened, the impact, the way forward. And all this happens with the support of people who are trauma-informed. Now before you fall over that phrase and say it sounds like jargon, know this. People who experience any kind of violence need the support of people who know what they are doing. People who can listen. Who don't judge. Who know how to collaborate. Or are, in the words of the Transforming Justice project, capable of putting the victim at the centre.
There is a groundswell of understanding, support and advocacy being led by survivors and this is the only way forward. We can't continue on the path we are on now without putting more women and men at risk.
Our legal system is not designed to meet the human needs of the parties in the room, even when justice is delivered. Now is the time to transform the justice system.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14.