Child sex crime duty-of-care reform push
Nick Gibbs |
Queensland’s attorney-general will meet with a survivor of alleged sexual assault when she was just 14 over claims the historical crimes were not properly investigated.
The woman, Sydney lawyer Karen Iles, is calling for reforms to ensure serious crimes against children receive proper attention by police in Queensland and NSW.
An investigation by the Guardian published on Tuesday reported that officers in the two states “failed to investigate a series of alleged sexual assaults against a 14-year-old girl, lost key documents related to the case, and later told the alleged victim that her formal statement had been destroyed”.
In a statement late on Tuesday night, Ms Iles said police failed “despite numerous formal requests over decades”.
“Most people in Queensland and NSW would assume that police had to work to some kind of minimum investigation standard for the most serious crimes,” Ms Iles said.
“Incredibly that is not the case and it appears police have a remarkable level of discretion around their level of rigour and investigation. This must change – my story is not unique.”
Queensland Attorney-General Shannon Fentiman says she will meet Ms Iles and is “shocked and saddened” to hear her story.
“It is so important that when victim-survivors decide to take that brave step and come forward, they are believed and supported,” Ms Fentiman said in a statement.
“I have raised this issue with the police minister and I will be meeting with Karen to hear from her about her experience with the criminal justice system.”
Ms Iles wants changes to legislation in both states, and said she was happy to meet Ms Fentiman.
“The attorney-general in Queensland is doing some incredible things. I think she’s absolutely listening to victim survivors. It’s really gusty,” she said on Wednesday.
“I found in the last 24 hours, including from my peers in the legal profession, their jaw dropping open that there is no duty for police to investigate, and there are no minimum standards of what that investigation should look like.”
In March 2004, a report was received regarding a historical sexual assault allegedly occurring in Coolangatta, Queensland, in the 1990s, NSW Police said.
“A statement was obtained and the file was transferred to the relevant jurisdiction in Qld,” it said in a statement.
A case was reviewed in December 2021 after officers in South Sydney received information.
“Earlier this year, a legal representative of the person involved was contacted on two separate occasions and offered the opportunity to formalise further allegations of sexual assault, which were unanswered,” NSW Police said.
“NSW Police understand that reporting sexual assault can be distressing and traumatic for victims, and it is always the choice of an individual whether to proceed with an investigation or not.”
Ms Ilves said her lawyer had been in email contact with NSW Police in the past fortnight, and had received a confirmation email in response.
Queensland Police confirmed detectives from the Gold Coast began investigating after the complaint was referred in 2004.
“In 2018, the woman contacted Policelink to obtain an update on the investigation. The woman was incorrectly advised that her file, including her statement, had been destroyed in 2015,” Gold Coast District Superintendent Geoff Sheldon said in a statement.
“The woman’s file and statement have not been destroyed and the QPS continues to retain a copy. The QPS apologises unreservedly for any emotional distress this misinformation may have caused.”
Queensland Police say investigations continued until 2022, but didn’t yield evidence to proceed.
The case was marked as “filed pending further information” on February 1, 2022.
“The QPS is committed to preventing and investigating sexual violence, to put victims first and hold perpetrators accountable,” Supt Sheldon said.
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