Under English common law there is a presumption of innocence with the onus on the prosecution to prove guilt beyond a reasonable doubt, only on the basis of admissible evidence. The accused has a right to a trial by jury with legal representation. The underlying principle of the English system of law is equality for all. This is essential to protect the innocent from unjust convictions. However, in relation to sexual assault cases, the protection afforded the accused may sometimes appear to abrogate the rights of the complainant.
A Women's Safety Survey taken in 1996 claimed that sexual assault was one of the least reported crimes in this country. The survey revealed that only 15% of women who had experienced sexual assault over the previous 12 months had reported it to police. What are the reasons for people remaining silent, for not filing a report? Their silence and the high attrition rate in sexual assault cases may be attributable to several factors, including; police response, the ordeal of the trial, cross examination, and judicial attitude towards the complainants. A phone-in survey of women taken in Victoria (ABS, 1993) asked several questions of the respondents in relation to the reasons why they remained silent. Some women spoke of their fear that police would not believe them, that the perpetrator would extract retribution from them if they did lay charges; family and friends advised them not to report the assault. Those women who had called the police claimed some officers were cold and insensitive, lack of contact with police once the initial statement was made, failure to be kept informed. Police attitudes are changing however, with specialised training programs being implemented to train police and equip them with the necessary skills required when dealing with sexual assault survivors. The IROC programme, (Initial Response Officers Course) is an example of the training available.