A rape
victim's story: Six months of assaults, five years in court
At
the age of 14 Amanda* endured six months of sexual assaults by a family friend.
Five years later she decided to report the crime. After years of court
appearances, cross-examinations and extreme pain, does she feel she got
justice?
By
Note: This article contains
content that may be confronting for some people. Readers seeking
support can contact the Sexual Assault & Domestic Violence
National Help Line on 1800 737 732 or Lifeline on 13 11 14
She was alone in the
room with a telephone in front of her. It had been more than five years since
she had last spoken to the man but the memories of what he did to her had stayed
close by. Now in her early twenties, she had been asked to call him and get him
to acknowledge everything. The police would record the conversation and use it
against him in court.
"It wasn't just a
general conversation," Amanda* says, speaking down the line from her home
in Victoria. "You can't just say, 'Why did you do it?' That could mean
anything. You have to be point-blank specific with everything that you are
talking about."
Detailing a series of
terrifying sexual assaults one by one, she asked him: Why?
His response was
unexpected. "I was absolutely shocked that he would even talk to me after
everything that he'd done," she says. "I was shocked that he admitted
to it.
"He told me that
he still loved me and would leave his wife and kids for me."
The recorded
conversation would be used as evidence against the man in a case that took more
than five years to get through the courts.
"If I knew then
how long it would take and the stress it would have on me, my family and my
friends, I wouldn't have done it," Amanda says now of the court process.
"Not a chance."
Trust
Amanda's family had
known and trusted the man who went on to abuse their daughter, and had welcomed
him into their lives. For privacy reasons, Amanda doesn't want details
published about how they were connected but says he was a respected figure in
her community.
The shocking sexual
assaults went on for six months. They ended when the man was found to have
acted inappropriately in another incident and lost his job. Amanda's parents
were put off by his behaviour and cut the family's contact with him.
"I was absolutely
shocked that he would even talk to me after everything that he'd done. I was
shocked that he admitted to it."
At the time she was
abused, Amanda was at an age when other teenagers were starting to meet boys
and get into relationships. This made that part of Amanda's life even more
confusing and difficult to navigate.
"It's very hard
to separate being assaulted and having a boyfriend," she says. "Your
boyfriend buys you gifts but so does the perpetrator. The perpetrator will
treat you nicely at some stage but so will your boyfriend. It's very hard to
distinguish the difference . It took me a very long time to learn and was a
huge issue for me. "
Amanda says that
throughout the abuse the man manipulated her into thinking he was devoted to
her - despite having a long-term girlfriend who is now his wife - and this isolated
her further.
"It's very hard
when you’ve got somebody showing you so much attention and doing so much for
you and telling you that you're the best thing in their life," she says.
"They make you question yourself. I knew it was wrong, I knew he was a
creep, but he's like, 'I'm the best thing that you're ever going to have' and
you go, 'Oh well, are you?' I'm 14. I don’t know anything different."
In a victim-impact
statement that she read in court years later, Amanda described the terrible
toll the abuse had on her.
"At the age of
14, I couldn't eat, I was having panic attacks, I couldn't study, I couldn't
sleep. And when I did sleep I had nightmares. I was putting blankets over my
windows to avoid anyone being able to see in. Every day I had to drag myself
out of bed, and then there were days I just couldn't."
She told no one about
the abuse other than one school friend, who would later testify in court,
and continued to stay silent long after it ended.
But at the age of 20,
Amanda finally told her sister.
"She was very
upset," Amanda says. "Mum said to her, 'What’s wrong?' and she said,
'I can’t tell you, I can't tell you, Amanda made me promise'."
It wasn't long before
her parents found out. "They were absolutely devastated and blamed
themselves," she says.
Court
Soon afterwards,
Amanda reported the assaults to the police and they began to build a case
against the perpetrator.
They warned Amanda
that she would have very little chance of getting a conviction − rape cases
have low rates of conviction in Australia − but she pressed ahead anyway.
Partway into the investigation, the police told Amanda they
didn't have enough evidence to prove the crimes. They asked her to call the
perpetrator and have him admit the assaults so they could record the call
and use it as a confession. By this time she was 21. "I said, 'Holy hell,
you've got to be joking',” she recalls. The way she saw it there were two
options: "To either give up and never know if I could have made a
difference and could have pinned him for all the trauma he put me
through, or give it my all and have a crack and see if I can get some
evidence.
"Mum said to her,
'What’s wrong?' and she said, 'I can’t tell you, I can't tell you, Amanda made
me promise'."
"I decided to do
it because I thought I'd always wonder."
It was more than a
year before the case was finally heard, first in the Magistrates Court
which had to decide whether there was enough evidence for charges to be laid –
and then the County Court.
In the Magistrates
Court she was subjected to hours of punishing cross-examination. "I was on
the stand for six hours on the first day and it was just horrific," she
says.
"They wanted to
know what I was wearing on the day, what footwear I had on,
what he was wearing and what the weather was like."
She says she felt like
the system was working against her and couldn't believe the way defence lawyers
treated her in the witness box.
"They questioned
my sexuality, they told me I was a drug addict, they told me I was an alcoholic
at 14," she says.
"It’s almost like
torture what they put you through on that stand."
"I felt like
saying, 'If your daughter were assaulted, what would you be doing? Would you be
talking to them like this?'”
In the Magistrates
Court Amanda gave her testimony via video link, but in the County Court she
read out her victim impact statement with the perpetrator sitting in the room.
"He had his
family there: his wife, his mother, his father, his brother," she says.
"I couldn't look up from my statement because I was so rattled.
"I looked at him
and he was just looking at the ground. I was infuriated. I thought, 'You've
done this, not me. We're in this scenario because of the crimes you’ve
committed so you could at least look at me when I’m speaking to you.’
Reading the statement
in court, she told the man: "It has taken me years to overcome the affects
as a result of the crime you committed. I have not been able to have a
relationship, as I don't feel comfortable trusting men. I am even suspicious of
receiving gifts, as I fear the ulterior motive," she said.
"It has
traumatised my family, because they feel they failed to protect their little
girl."
"When everyone else was
out partying, I was having panic attacks and too terrified to go outside. I was
seeing my sexual assault counsellor several times a week, just to cope. Filling
the bin with tissues because I couldn’t control my tears. I had to learn basic
techniques: I had to learn how to sleep, how to study, how to have
relationships - all the other things people take for granted. I was filled with
anger, confusion and fear.
"As a result of the
crime you have committed I felt repulsive, disgusting, embarrassed, humiliated,
ashamed and I loathed my own body."
When she reached the
last line, she stood up and looked directly at him. "This might be a
victim impact statement, but I am not a victim, I am a survivor."
'Victim'
As the court process
stretched into years, Amanda worked hard to get on with her life, undergoing
counselling and studying for a career in healthcare. It wasn't
easy. "Every time a significant event came up, the cops would
call," she says.
But it wasn't just the
time delays that made her angry, it was the court process itself, which she
says is fixed on the idea of sexual assault survivors as
"victims".
"I was told, 'You
have to cry because the jury won’t believe you if you don't,’" she
says. "It infuriates me that you have to be a pathetic crying mess 10
or 11 years later.
"I worked so hard
to make sure I could get through every day without this having a detrimental
impact on my life, only to be told, 'Go straight back there. Go back to that
place and play the innocent victim card.’”
Sentence
Six years after she
reported the assaults, the perpetrator asked to make a deal and pleaded guilty
to five of the 17 charges against him. He agreed to serve 10 months
in jail. He had assaulted her for six.
Amanda's lawyers were
overjoyed, telling her they had expected him to get less, but she was stunned.
"I said, 'Is that it? Is that it? After all of this, after everything I've
done, after the voice recording, this is what we're down to?'"
Amanda later pursued a
case against the man in a civil court and again he pleaded guilty at the last
minute. Amanda was awarded $40,000 in damages. She says her legal fees came to
almost $20,000.
"I was told, 'You have
to cry because the jury won’t believe you if you don't'."
She takes solace in
knowing her rapist will be on the sex offenders' registry for life. "I
felt that I had done my civil duty in that he will never work with children
again." But she is adamant that the system needs a complete overhaul.
"The current process favours the accused," she says.
"The accused person doesn’t have to get up on the stand and yet the victim
has to be cross examined at extreme length while the accused sits back and pays
their lawyer to try and destroy the victim's credibility."
She says there needs
to be separate courts for sexual assault cases to bring down
"horrific" wait times.
"People don't
report [rape] because they hear about how awful court is and how long you have
to wait to go to court. You can't live your life with it in the back of your
mind."
And she says that
minimal sentences like the one in her case nowhere near match the trauma
experienced by victims. "I don’t think jail has the crippling effect on
the perpetrators that sexual assault has on its victims," she says.
"At the moment
it’s a legal system, it's not a justice system.
"You don’t get
justice in court."