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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-09-16 Daily Xml
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RAPE INVESTIGATION

The Hon. D.G.E. HOOD (15:11): I seek leave to make a brief explanation before asking the minister representing the Minister for Police a question regarding a rape investigation.

Leave granted.

The Hon. D.G.E. HOOD: Thank you, sir, and I have shortened it, you will be happy to know. For over a year now my office has been assisting a rape victim who has been struggling to obtain justice. The constituent, who has asked for her name not to be used but whose details I have provided to the Minister for Police's office, was the victim of a rape by a taxi driver in 2006. She immediately reported the rape to police and was sent to hospital for DNA testing to ascertain the identity of her assailant.

Due to an administrative failure by the hospital, however, she was wrongly sent away without being tested and told to return the next day. She was wrongly told to go home because they were actually waiting for an urgent case. Unfortunately, the urgent case they were waiting for turned out to be herself: a tragic error. Given the delay in the forensic testing and the absconding of her assailant, there were problems in proving the case and no charges were ever laid. In short, the system has let her down substantially.

The fact that her assailant was not charged is distressing enough, but unfortunately not unusual. What disappoints her and myself were the continual problems this victim then had when fighting for justice. The victim applied for criminal justice injuries compensation but was told that there was no DNA evidence and therefore the claim was denied. After the claim had been denied the victim has informed me that she was then advised that some DNA evidence was actually obtained.

Police investigations led them to a person but no charges were laid against this person, nor were they even arrested to be formally interviewed, as I understand is standard procedure in DNA match cases. To cap matters off, the victim was then presented with a bill of $523.80 for her freedom of information request which she made in order to try to obtain the person's statements. My office re-lodged the request on her behalf to assist her in having those fees waived, although the record of interview has still been denied.

My office has also assisted her in her complaint regarding the investigation and in raising the same concerns with the Commissioner for Victims' Rights. The victim remains disappointed that she has not seen justice nor compensation, nor has she been able to find out why the possible perpetrator has not been charged. Given conflicting accounts by SAPOL, she is uncertain whether or not DNA evidence is on the record regarding her case. My questions for the minister are:

1. Was there, or is there, DNA evidence obtained of the likely perpetrator in this case?

2. Why was the perpetrator not charged, as would be standard procedure in a case where DNA evidence is available?

3. Will the minister ask the Attorney-General to make a special dispensation from the Criminal Injuries Compensation Fund to financially assist the victim to obtain psychological counselling and compensation for her rape?

4. Will the minister work to ensure that victims of rape and other victims are not presented with bills like the $523 bill this victim received for making freedom of information requests relating to their own case?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (15:14): I can understand the honourable member's concern with the case. I will refer those questions to my colleagues. I think it was not just the Minister for Police but it was also the Attorney-General from whom he sought some consideration of aspects of this case. I will refer these to my colleagues in another place and bring back a reply.

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