Changes to the way police investigate sexual assault and better supports for victims are also expected to be among recommendations from an Australian Law Reform Commission inquiry.
The final report of the federal government-ordered inquiry into justice responses to sexual violence is due to be delivered to Attorney-General Mark Dreyfus on Wednesday.Â
Victim advocate Sarah Rosenberg said it was a once-in-a-generation chance to achieve reform, describing sexual violence as "everybody's business".
"This is not just about victims at all, this is about a system that is not fit for purpose, that is costing taxpayers and we all need to be concerned about that," Ms Rosenberg told AAP.
The executive director of With You We Can, a resource for victims, Ms Rosenberg is a member of the inquiry's expert advisory group.
She's hopeful the inquiry's final recommendations will include the option for alternative justice alongside criminal proceedings, with victims able to access compensation and counselling.
Victims lack a crucial voice, she said, because while an accused person can pay for top defence lawyers and the prosecution acts for the state, victims are merely witnesses in their own cases.
"It's state versus perpetrator, not victim versus perpetrator, and so from the moment the crime is recorded through to criminal proceedings the victim is really just a passenger," Ms Rosenberg said.
"Victims aren't really told what's expected of them as they navigate the process so ultimately victims feel excluded, dismissed and ill-prepared."
She said legal support for victims would not impact an accused person's rights but instead ensure proper procedures are followed, including protecting sensitive information and preventing victims from being subjected to "humiliating" questioning.
"Yes, independent legal representation can reduce re-traumatisation for victims, but it can also better secure victims' evidence in the context of the fair trial process, strengthen the integrity and functionality of the entire system," Ms Rosenberg said.
There's been a jump in reporting of sexual violence but that hasn't translated to conviction rates. Fewer than one in 10 sexual assault allegations reported to NSW Police led to a guilty verdict in court, according to a May 2024 report from the state's Bureau of Crime Statistics and Research.
Some 2.8 million Australians have experienced sexual violence since turning 15, Australian Institute of Health and Welfare data shows.
Once the report is delivered, the attorney-general must make it public within 15 sitting days once parliament resumes. This is scheduled for early February but could be delayed if an election is called.
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