​Only 7% of sexual assaults reported to NSW police result in a guilty outcome in court

Release date: Wednesday 29 May 2024

Link to report summary: Attrition of sexual assaults from the New South Wales criminal justice system

The latest study from the NSW Bureau of Crime Statistics and Research (BOCSAR), shows that only 7% of sexual assaults reported to NSW Police end up in a guilty verdict in court. Only 15% of sexual assaults reported to NSW Police result in charges being laid, and of those cases that do go to court, fewer than half are proven.

Executive Director of the NSW Bureau of Crime Statistics and Research, Jackie Fitzgerald, says "This study examined the rate of attrition of sexual assault incidents at each stage of the NSW criminal justice system. In 2018, 5,869 sexual assault incidents were reported to police. Of these, 872 (15%) resulted in a legal action with charges being laid against 969 defendants. 41% of these defendants were subsequently found guilty of at least one sexual offence. Overall, only 8% of contemporary child sexual assault incidents, 7% of historic sexual assault incidents, and 6% of adult sexual assault incidents reported to NSW police, were subsequently proven in court."

"By far, the most significant point of attrition is at the police investigation phase," Jackie says. "While the number of reported sexual assaults have nearly doubled over the last decade, the number of convictions remain low.  In 2022, there were 9,138 incidents of sexual assault reported to NSW police, yet in the same year only 1,016 defendants were found guilty of a sexual assault charge in the NSW courts.

Jackie Fitzgerald, Executive Director, NSW Bureau of Crime Statistics & Research, is available for comment, interviews, and pre-recordings from 10am Wednesday 29 May 2024.

Phone: +61 423 139 687

Email: jackie.fitzgerald@dcj.nsw.gov.au

Copies of the report: www.bocsar.nsw.gov.au   

Key Points:

• In 2018, 5,869 incidents of sexual assault were reported to police; 14.9% or 872 resulted in a legal action involving 3,369 charges being laid against 969 defendants.
• Just 8% of reported contemporary child sexual assault incidents, 7% of reported historic sexual assault incidents and 6% of reported adult sexual assault incidents resulted in a proven charge.
• The largest point of attrition was observed during the investigation stage, with no legal action taken against an accused in 85% of reported sexual assault incidents.
• The second largest attrition point was during court proceedings, with 2 out of 5 defendants having all their charges withdrawn by the prosecution, dismissed due to mental health, or 'otherwise' disposed of.
• For the small number of matters that did progress to court, only a minority (41%) of defendants had a sexual offence charge proven against them, either by way of a guilty plea or guilty verdict.
• However, where a defendant was found guilty, the penalties imposed were severe, with 77% of guilty defendants being sentenced to custody.