Unpursued in the Top End

Updated

Police in the Northern Territory are less likely to pursue a sexual assault report than police in any other state or territory, new data supplied exclusively to ABC News reveals.

The figures have sparked further calls for an independent, national inquiry into police handling of sexual assault cases.

They show the NT surpassed Queensland in 2017 to become the jurisdiction with the highest rate of sexual assault reports not pursued because police did not believe a sexual assault had occurred.

In the NT, these cases are classified as "not pursued", which means there was "no offence as reported", NT Police told ABC News.

The NT has the highest percentage of sexual assault reports not pursued by police. "Unfounded" reports by state/territory, three-year moving average 25% 20% NT Percentage of total reports QLD 15% ACT 10% VIC WA SA NSW 5% TAS 0% 1995 2000 2005 2010 2015 2020 Data shown for all available years. Reports in later years are less likely to be finalised. 25% 20% NT Percentage of total reports 15% QLD ACT 10% VIC WA SA NSW 5% TAS 0% 1995 2000 2005 2010 2015 2020 Data shown for all available years. Reports in later years are less likely to be finalised.

In 2018, 19 per cent of sexual assaults reported to Territory police — or one in five reports — had an investigation outcome of "not pursued". This was the highest percentage for the NT since 2008, the earliest year for which comparable data is available.

This figure declined slightly to 17 per cent in 2019. However, NT Police have cautioned that statistics for later months are still being finalised "as investigations are ongoing".

Reports classified as "not pursued" in the NT — an outcome described as "unfounded" or "rejected" in other states and territories — are excluded from crime counts.

Jonathan Crowe, professor of law at Queensland's Bond University and co-director of research at Rape and Sexual Assault Research and Advocacy, said the figures for the NT were "certainly concerning".

Victims of reported sexual assault, per 100,000 people 150 125 Australia 100 75 50 25 0% NT NSW WA Qld SA Vic ACT Tas Source: ABS, Recorded Crime - Victims, Australia, 2018

"This is obviously a pressing issue for the NT, given that the NT has the highest rate of sexual assault per capita in Australia," Professor Crowe said.

The Territory recorded 145 reports of sexual assault per 100,000 people in 2018, compared to a national rate of 105 per 100,000 people, according to research from the Australian Bureau of Statistics.

Despite this, Territory Police Minister Nicole Manison has refused to support calls for a national inquiry.

"That is a matter for the Federal Government," she said. "Our priority remains on immediate action to address the problem in the Territory."

240,000 reports of sexual assault: A national snapshot

NT Police released its sexual assault data following a national ABC News investigation into police handling of sexual assault cases.

That investigation requested statistics from every police jurisdiction in Australia, for every local government area or police division, as far back as records were available.

The NT was the only jurisdiction that declined to supply any data for that investigation, refusing multiple requests over more than a year.

The figures now supplied exclusively to the ABC reveal the investigation outcome of every sexual assault reported to NT Police between 2008 and 2019.

This completes the national picture, bringing the total number of sexual assault cases for all years in the national dataset to 240,973.

They include, for the first time, national figures on reports rejected by police or withdrawn by the victim. Together, they represent the most detailed national picture of police responses to sexual assault.

What happens when you report a sexual assault to police? In the NT, 37 per cent of reports in 2019 were either unfounded or withdrawn. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. No legal action Unfounded Withdrawn Unsolved Legal action taken 40% 35% 30% 25% 26% 23% 20% 20% 17% 15% 16% 14% 9% 10% 0% 2008 2019 2008 2019 2008 2019 2008 2019 2008 2019 176 150 129 100 100 109 78 84 72 70 64 50 47 0 2008 2019 2008 2019 2008 2019 2008 2019 2008 2019 No legal action 40% 200 150 30% 129 26% 100 20% 15% 64 50 10% 0 0% 2008 2019 2008 2019 Unfounded 40% 200 150 30% 100 20% 17% 78 16% 72 50 10% 0 0% 2008 2019 2008 2019 Withdrawn 40% 200 150 30% 20% 100 20% 14% 84 70 50 10% 0 0% 2008 2019 2008 2019 Unsolved 40% 200 150 30% 23% 100 100 20% 9% 50 10% 47 0 0% 2008 2019 2008 2019 Legal action taken 40% 200 176 35% 150 30% 25% 100 20% 109 50 10% 0 0% 2008 2019 2008 2019 In Victoria, complaints withdrawn soared to one in four in 2018. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unfounded Withdrawn Legal action taken Unsolved No legal action 33% 50% 40% 33% 32% 51% 30% 26% Not applicable* 20% 12% 9% 10% 4% 0% 1995 2018 1995 2018 1995 2018 1995 2018 1500 924 1,393 1,423 1,123 1,434 1000 Not applicable* 500 367 334 107 0 1995 2018 1995 2018 1995 2018 1995 2018 Unfounded 50% 1500 40% 1000 30% 20% 500 9% 10% 367 4% 107 0 0% 1995 2018 1995 2018 Withdrawn 50% 1500 40% 1,123 1000 30% 26% 20% 500 12% 10% 334 0 0% 1995 2018 1995 2018 Legal action taken 50% 1500 1,393 40% 32% 51% 1,434 1000 30% 20% 500 10% 0 0% 1995 2018 1995 2018 Unsolved 33% 50% 1500 924 1,423 40% 33% 1000 30% 20% 500 10% 0 0% 1995 2018 1995 2018 No legal action Not applicable* Not applicable* In NSW, only one in 10 reports since 2009 has led to legal action. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unfounded Legal action taken No legal action Unsolved Withdrawn 80% 69% 60% 45% 41% 40% Data not recorded 18% 20% 12% 7% 6% 2% 0% 1995 2018 1995 2018 1995 2018 1995 2018 4,251 4000 3000 2000 Data not recorded 1,087 1000 1,079 972 283 391 56 426 0 1995 2018 1995 2018 1995 2018 1995 2018 Unfounded 80% 4000 60% 3000 40% 2000 1000 20% 391 6% 2% 56 0 0% 1995 2018 1995 2018 Legal action taken 80% 4000 60% 3000 41% 40% 2000 1000 20% 972 7% 426 0 0% 1995 2018 1995 2018 No legal action 80% 4000 60% 3000 40% 2000 1,087 18% 1000 20% 12% 283 0 0% 1995 2018 1995 2018 Unsolved 4,251 80% 4000 69% 60% 3000 45% 40% 2000 1000 20% 1,079 0 0% 1995 2018 1995 2018 Withdrawn Data not recorded Data not recorded In Queensland, 40 per cent of reports in 2018 were either 'unfounded' or withdrawn. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unfounded Unsolved Withdrawn Legal action taken No legal action 59% 60% 42% 40% 27% Not applicable* 21% 17% 20% 13% 11% 9% 0% 1998 2018 1998 2018 1998 2018 1998 2018 1,101 1000 800 714 600 544 448 Not applicable* 400 334 200 190 102 86 0 1998 2018 1998 2018 1998 2018 1998 2018 Unfounded 60% 1000 800 40% 600 400 334 20% 13% 9% 200 86 0 0% 1998 2018 1998 2018 Unsolved 60% 1000 800 40% 600 448 400 20% 17% 11% 200 102 0 0% 1998 2018 1998 2018 Withdrawn 60% 1000 800 714 40% 600 27% 21% 400 20% 200 190 0 0% 1998 2018 1998 2018 Legal action taken 1,101 59% 60% 1000 800 42% 40% 544 600 400 20% 200 0 0% 1998 2018 1998 2018 No legal action Not applicable* Not applicable* In WA, nearly 30 per cent of sexual assault reports in 2018 were withdrawn. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unsolved Unfounded No legal action Legal action taken Withdrawn 49% 50% 40% 29% 29% 27% 30% 24% 20% 16% 13% 7% 10% 4% 2% 0% 2005 2018 2005 2018 2005 2018 2005 2018 600 500 475 494 400 415 298 227 200 160 128 43 22 0 2005 2018 2005 2018 2005 2018 2005 2005 2018 2005 2018 2018 Unsolved 50% 600 40% 400 30% 20% 200 128 7% 10% 2% 22 0 0% 2005 2018 2005 2018 Unfounded 50% 600 40% 400 30% 227 20% 200 13% 10% 4% 43 0 0% 2005 2018 2005 2018 No legal action 50% 600 40% 29% 400 415 30% 24% 298 20% 200 10% 0 0% 2005 2018 2005 2018 Legal action taken 49% 50% 600 475 40% 494 400 27% 30% 20% 200 10% 0 0% 2005 2018 2005 2018 Withdrawn 50% 600 500 40% 400 29% 30% 20% 16% 200 160 10% 0 0% 2018 2005 2018 2005 In SA, one in four sexual assault investigations in 2017 were finalised without legal action. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unsolved Unfounded Withdrawn No legal action Legal action taken 38% 39% 40% 34% 30% 25% 22% 20% 20% 7% 8% 10% 6% 0% 0% 2008 2017 2008 2017 2008 2017 2008 2017 2008 2017 1,112 1000 1,015 814 800 716 574 600 564 400 232 203 200 149 4 0 2008 2017 2008 2017 2008 2017 2008 2017 2008 2017 Unsolved 40% 1000 800 30% 600 20% 400 8% 203 10% 200 0% 4 0 0% 2008 2017 2008 2017 Unfounded 40% 1000 800 30% 600 20% 400 232 7% 10% 200 6% 149 0 0% 2008 2017 2008 2017 Withdrawn 40% 1000 800 30% 574 22% 600 20% 564 20% 400 10% 200 0 0% 2008 2017 2008 2017 No legal action 40% 1000 814 34% 800 30% 25% 716 600 20% 400 10% 200 0 0% 2008 2017 2008 2017 1,112 Legal action taken 38% 39% 40% 1000 1,015 800 30% 600 20% 400 10% 200 0 0% 2017 2008 2017 2008 In Tasmania, cases closed without legal action have quadrupled from 4 per cent to 16 per cent. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. Unfounded Withdrawn No Legal action Unsolved Legal action taken 80% 57% 60% 49% 39% 40% 16% 16% 20% 9% 7% 4% 2% 2% 0% 1999 2017 1999 2017 1999 2017 1999 2017 1999 2017 150 100 97 76 90 50 26 14 14 7 25 3 3 1999 2017 1999 2017 1999 2017 1999 2017 1999 2017 0 Unfounded 80% 150 60% 100 40% 50 20% 2% 3 2% 3 0 0% 1999 2017 1999 2017 Withdrawn 80% 150 60% 100 40% 50 20% 9% 7% 14 14 0 0% 1999 2017 1999 2017 No Legal action 80% 150 60% 100 40% 16% 50 20% 7 25 4% 0 0% 1999 2017 1999 2017 Unsolved 80% 150 60% 100 76 39% 40% 50 16% 20% 26 0 0% 1999 2017 1999 2017 Legal action taken 80% 150 57% 60% 49% 100 97 90 40% 50 20% 0 0% 1999 2017 1999 2017 In the ACT, rates of arrest or other legal action have tumbled from 50 per cent in 1998 to less than 20 per cent. Outcomes are ranked from least to most common outcome in the latest year. Data from different states/territories are not directly comparable. No legal action Legal action taken Withdrawn Unfounded Unsolved 60% 50% 44% 40% 40% 21% 17% 17% 20% 6% 4% 0% 0% 0% 1998 2017 1998 2017 1998 2017 1998 2017 1998 2017 250 200 202 150 107 87 100 86 50 21 16 18 2 0 0 0 1998 2017 1998 2017 1998 2017 1998 2017 1998 2017 No legal action 60% 250 200 40% 150 100 20% 50 6% 21 4% 2 0 0% 1998 2017 1998 2017 Legal action taken 60% 250 50% 200 40% 150 100 17% 20% 86 50 18 0 0% 1998 2017 1998 2017 Withdrawn 60% 250 200 40% 150 100 87 17% 20% 50 0% 0 0 0% 1998 2017 1998 2017 Unfounded 60% 250 200 40% 150 107 21% 100 20% 50 0% 0 0 0% 1998 2017 1998 2017 Unsolved 60% 250 200 44% 202 40% 40% 150 100 20% 50 16 0 0% 1998 2017 1998 2017 Police in each state/territory are subject to different practices, policies and legislation, so different jurisdictions should be compared with caution. In WA, data from before and after 2017 should be compared with caution due to changes in data recording practices.



*In Qld and Victoria, investigations that cannot be progressed may remain "Unsolved" indefinitely. In SA and WA, these cases are closed with no legal action.

The statistics for the NT uncover rising rates of reports withdrawn, falling rates of police action and large variations in outcomes between police divisions.

In the five years to 2019:

Nearly 23 per cent of sexual assaults reported to police were withdrawn or discontinued by the victim, rising to 31 per cent in Darwin police division

Sexual assault reports were 4 to 5 times more likely to be withdrawn in the Darwin, Northern or Casuarina divisions, compared to Tennant Creek and Barkly

Only 30 per cent of reports led to an arrest or other legal action, falling from a peak of 43 per cent in 2012

Police in the Darwin and Central divisions were half as likely as police in Tennant Creek and Barkly to make an arrest or take other legal action.



"Every state and territory has something to be concerned about, but certainly the figures from the Northern Territory suggest that [sexual assaults not being pursued] is a particularly serious issue," Professor Crowe said.

He has backed calls for a national inquiry into high rates of unfounded and discontinued sexual assault cases.

"That's a logical and important step to take, given that the recent figures … reveal systematic issues with this throughout Australia," he said.

Professor Crowe highlighted "cultural issues within the police force that may need some attention", saying anecdotal evidence in Queensland, for example, suggested some police officers took "a sceptical, maybe even a combative attitude towards people reporting sexual assaults".

"It's clear that that sort of response from police greatly increases the trauma and the difficulty that survivors face in reporting their assault, and may contribute to the high rates of matters not going forward."

However, head of the Territory's domestic violence and sex crimes division Lauren Hill said there were numerous reasons a sexual assault report may not make it past police, including lack of forensic evidence, issues of consent and the willingness of the victim to pursue the case in court.

She pointed out that detectives often did not make these decisions alone. For example, in cases where police did not think they had enough evidence, detectives prepared an "opinion file" for the director of public prosecutions to "make that determination" about whether to proceed, she said.

Will police pursue your case?

Unfounded reports do not count towards the crime rate or are considered "cleared" (that is, resolved), depending on the jurisdiction.

They are described as "not pursued" in the NT, "unfounded" in Qld, Tasmania and the ACT, "rejected" in NSW, "no offence disclosed" in Victoria, "no offence revealed" in SA and "not substantiated" in WA.

The threshold for police to decide not to pursue a case varies between jurisdictions. In some states, such as NSW, police must have evidence to show that a sexual assault did not occur. In others, such as the NT and Victoria, police can determine that a crime did not occur on the basis of insufficient evidence.

In all states and territories, police must conduct some preliminary investigation before deciding to reject a sexual assault report.

Detective Superintendent Hill said police "thoroughly" investigated every matter reported to them.

"Every incident that is reported to police is believed. We investigate it, and we investigate it impartially," she said.

However data supplied by NT Police shows reports can be classified as "not pursued" for numerous reasons, including "false — report", "false — alarm" "no offences detected", "no incident as reported", "no offence as reported" and "no investigation required".

Police in the Northern Territory are 3 times as likely as police in NSW not to pursue a sexual assault. Percentage of unfounded reports, 2008-17 Qld 19.9% NT 15.4% Vic 9.4% ACT 7.8% SA 5.8% NSW 5.3% WA 4.6% Tas 3.7% 0% 5% 10% 15% 20% 19.9% 20% 15.4% 15% 9.4% 10% 7.8% 5.8% 5.3% 4.6% 5% 3.7% 0% Qld NT Vic ACT SA NSW WA Tas

Other reasons include "insufficient evidence", "not able to substantiate incident type" and "no action required/taken".

NT Police did not supply a breakdown of the reasons cases were not pursued.

What does 'unfounded' really mean? Numerous studies from Australia and overseas have found misclassification of sexual assault cases is routine.

Researchers re-evaluating police files found the "unfounded" category included: Withdrawn or discontinued cases, where the victim decides not to pursue an investigation

Mistaken or inaccurate reports, such as cases of mistaken identity

Unsubstantiated reports, where police could not find evidence the crime occurred

Cases where the victim was unable or unwilling to cooperate

Cases where the victim was heavily intoxicated

Baseless or unwarranted cases, which did not meet the legal criteria for a crime Numerous studies from Australia and overseas have found misclassification of sexual assault cases is routine.Researchers re-evaluating police files found the "unfounded" category included:

Nationally, police rejected 9 per cent of sexual assault reports in the 10 years to 2017, the period for which the ABC was able to obtain statistics for every state and territory.

NT Police rejected 15 per cent of reports during this period.

Police routinely misclassify sexual assault reports, sometimes labelling genuine reports as "unfounded", research from both Australia and overseas has found.

In some cases, including in NSW, withdrawing a report was taken as evidence that the victim had been lying — a deeply problematic practice, according to experts.

A report is "withdrawn" when the victim instructs police not to take further action. Some states/territories require formal affirmation. Others, including the NT, do not.

Complaints that are withdrawn are considered "cleared" in every state and territory except South Australia.

Detective Superintendent Hill said it was "quite regular" for victims to withdraw complaints.

"Realistically, it's based on the trauma experienced by that person, and the personality and the capability of that person in being able to manage that trauma," she said.

One in five sexual assaults reported to police in the NT are withdrawn or discontinued at the victim's request. Percentage of reports withdrawn, 2008-17 Qld 29.5% SA 21.4% WA 19.3% NT 18.3% ACT 16.2% Vic 15.4% Tas 8.8% 0% 5% 10% 15% 20% 25% 30% 29.5% 30% 21.4% 19.3% 20% 18.3% 16.2% 15.4% 10% 8.8% 0% QLD SA WA NT ACT Vic Tas

However, Heather Nancarrow, CEO of Australia's National Research Organisation for Women's Safety, said the way a person reacted to a disclosure of sexual assault or rape affected what the survivor did next.

"If [police] themselves have a negative attitude or the woman perceives they have an attitude of disbelief or are not supportive or somehow blaming her, then it's likely that she's not even going to want to proceed with [an investigation]," Dr Nancarrow said.

A system that deters victims, not offenders

In the NT, more than 85 per cent of withdrawn reports were classified as "no complaint forthcoming". This includes cases where a third party reported a sexual assault but the victim (or carer, in the case of a child) refused police involvement.

Detective Superintendent Hill said one reason for the increase in these cases was that the Royal Commission into Institutional Responses to Child Sexual Abuse had prompted more people to come forward with reports of historical sex offences.

"Even if a victim of crime didn't want to go through the judicial process, [the Royal Commission] recommendation was that police still obtained a statement from them, because it formed part of their healing process — the ability to tell someone else without being judged or disbelieved," she said.

Dr Nancarrow said while it was not uncommon for victims to be fearful of the criminal justice system, it hadn't deterred offenders.

"Because there are so few successful prosecutions, that contributes to a sense of, 'It's OK, I know that if I just deny it I'll get away with it,'" she said.

Professor Crowe called for specialised police training in sexual assault response to be made "a national priority", highlighting the particular barriers faced by Indigenous Australians and people in small and remote communities.

"The fact that those who do have the courage to report to the police then, in many cases, withdraw their report, shows that more support is needed from the police," he said.

Sam Chung, co-ordinator of Ruby Gaea — the NT's sole non-government provider of sexual assault counselling, education and training services — estimated less than one third of Ruby Gaea's current clients had reported to police.

"I don't have an issue with how police work with our survivors, but it could possibly be down to resourcing," she said.

This story is the part of an ABC News investigation into police handling of sexual assaults. Read the first and second parts here.

Notes about this story

Data for NT police divisions excludes seven sexual assault reports where the location was "unknown". These are included in Territory totals and percentages.

The national investigation collected annual data from each state/territory as far back as comparable figures were available, so data for each jurisdiction spans a different time period.

ABC News has grouped investigation outcomes in each state and territory into five broad categories (unfounded, withdrawn, unsolved, legal action taken and no legal action) in consultation with statisticians and experts in crime reporting standards. In some instances, very low numbers of cases with an investigation status of "other" could not be separated.

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Topics: sexual-misconduct, sexual-offences, law-crime-and-justice, community-and-society, crime, police, courts-and-trials, darwin-0800, alice-springs-0870, nt, australia

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